Legal & Tax Alerts

Use of electronic signature and other changes concerning labour relations

Recently, new legislation providing for significant amendments concerning the labour relations was adopted, respectively:

Government Emergency Ordinance no. 36 of 5 May 2021 on the utilization of advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer, in the field of labour relations and for the amendment and completion of some normative acts;

Government Emergency Ordinance no. 37 of 5 May 2021 for amending and supplementing Law 53/2003 – Labour Code;

Government Emergency Ordinance no. 26 of 7 April 2021 for amending and supplementing the Government Emergency Ordinance no. 111/2010 on leave and monthly child-raising allowance.[1]

Use of electronic signature

The parties can choose to use at the conclusion of the employment agreement/addendum to the agreement, as appropriate, the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer.

The employer can choose to use the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer in relation to all the documents regarding the employment relations resulted from the conclusion, execution or termination of the employment agreement, in accordance with the internal regulation and/or applicable collective labour agreement, according to the law.

The employment agreements and the addendums concluded by using the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer and also the documents concerning the employment relations are archived by the employer in accordance with the provisions of Law no.16/1996 regarding the National Archives, as republished and of Law no. 135/2007 regarding the archiving of documents in electronic form, as republished, and they will be made available to the competent control authorities, at their request.

The written form of the documents required by the Labour Code is considered fulfilled even if the document is made in an electronic form, and it is signed with the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer, in accordance with the law.

Between the employer and public institutions, when drafting the documents in the field of employment/social security and health in labour relations, the employer can use the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer.

The employer cannot oblige the candidate or, as the case may be, the employee to use the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer when concluding the employment agreement/addendum to the agreement or other documents issued for the execution of the agreement, as appropriate.

At the conclusion of the employment agreement/addendum to the agreement or other documents issued for the execution of the employment agreement, as appropriate, the parties must use the same type of signature respectively the handwritten signature or advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal.

The procedures of using the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer will be provided by the employment agreement, the candidate/employee being informed in this respect.

The proof of training of the workers can be made in electronic or written form, depending on the method chosen by the employer and provided by the internal regulation. When it is used the above-mentioned electronic form, the proof of training must be signed with the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer.

The Employer can support the costs of acquisition of the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer to be used for signing the documents related to the field of labour/security and health work.

The advanced electronic signature, qualified electronic signature, electronic time stamp or qualified electronic time stamp and qualified electronic seal have the meaning provided by the provisions of Regulation (EU) no. 910/2014 of European Parliament and of Council of 23 July 2014 concerning electronic identification and trust services for electronic transactions on the internal market and for repealing Directive 1999/93/EC.

Telework/Work at domicile

The reference to the term of at least one day per month which was provided by the previous regulation for the incidence of the provisions regarding the telework is eliminated. According to the new amendments, telework will be defined as the form of work organization through which the employee regularly and voluntary fulfils his/her duties specific to the position, occupation or profession in another place than the workplace organized by the employer, using information and communication technology.

It is introduced the mention concerning using, mainly, of information and communication technology by the employer for checking the activity of the teleworker.

The obligation to insert in the employment agreement the place/places of telework is eliminated.

It is provided with a new obligation for teleworker/employee working at domicile to comply with and ensure the confidentiality of information and documents used during the activity of telework/work at domicile.

Specific regulations for microenterprises

The microenterprises do not have the obligation to set-up an internal regulation and to provide the job description in the employment agreement, the job attributions being communicated verbally by the employer to the employee (by exception, at the written request of the employee, the employer has the obligation to communicate the employee in writing the job description with the job attributions).

The microenterprises will keep the evidence of the working hours performed daily by each employee as agreed in writing with the employees, based on their specific activity.

Insertion Incentive

The value and the period for which the insertion incentive is granted will be amended, as follows:

a. RON 1,500, if the entitled persons obtain incomes before the child reaches the age of 6 months, respectively 1 year for a child with disabilities. The amount of RON 1,500 is granted until the child reaches the age of 2 years, respectively 3 years for a child with disabilities;

b. RON 650, if the entitled persons obtain incomes after the child reaches the age of 6 months, respectively 1 year for a child with disabilities. The amount of RON 650 is granted until the child reaches the age of 2 years, respectively 3 years for a child with disabilities.

The insertion incentive of RON 650 is also granted to the persons who have completed the child-raising leave and obtain incomes subject to taxation after the child reaches the age of 2 years, respectively 3 years for a child with disabilities, until the age of 3 years, respectively 4 years for the child with disabilities.

The provision regarding the extension with 6 months, after the final return of the employee to the unit, of the interdiction to dismiss the relevant employee, as mentioned in the previous legislation, is eliminated.

 

[1] The amendments to GEO 111/2010 through GEO 26/2021 will enter into force when the decision of government for amending the methodological norms for applying the provisions of GEO 111/2010 will enter into force.

 

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