New amendments to employment legislation7 May 2019
The rules on parental leave and monthly indemnity have recently been amended by a new normative act.
These amendments have an important impact and mainly refer to the following:
- “Freezing” the level of the parental monthly indemnity at the level of the indemnity established for the prior-born child, in case the person gives birth to the child within a maximum 12 months as of the end of the leave for the prior-born child and the indemnity calculated for the newborn child has a lower level (these provisions are to be applied in a corresponding manner to persons that adopted a child, that has been entrusted with the child in view of adoption or that have the child in foster care or emergency foster care, with the exceptions provided by law, as well as to the legal guardian);
- Increasing the maximum limit of incomes that may be obtained by the entitled person during a calendar year, without this leading to the suspension of the parental leave monthly indemnity, being thus necessary for their net level not to surpass five times the level of the minimum indemnity (currently amounting LEI 1,250), namely LEI 6,250 (prior to this amendment it was necessary for the obtained incomes not to go beyond three times the level of the minimum indemnity);
- The express interdiction to dismiss the employee during ”father’s month”;
- The introduction of the employee’s obligation that wishes to benefit from insertion stimulant to notify the employer in writing with at least 30 days prior to the envisaged date for the commencement of the activity.
In addition, the methodological norms for the application of provisions of Law No. 202/2002 on equality of chances and treatment between men and women have been recently published within the Official Gazette (”Methodological norms”). The Methodological norms contain dispositions regarding the attributions of the employee entrusted with responsibilities within this field, the attributions of the expert or technician in equality of chances, as well as a new set of obligations for the employer.
The normative act restates the possibility of employers with over 50 employees to identify a worker to be entrusted with attributions in matters of equality of chances or to employ an expert or technician in equality of chances. These persons will draft action plans for the implementation of the principle of equal chances between men and women, with the consultation of the human resources department, the approval of existing trade unions and the endorsement of company management.
Concerning the employers’ obligations for prevention, control and elimination of forms of gender-based discrimination, the Methodological norms mainly provide the following:
- Elaboration of an internal procedure comprising relevant information on notification of competent public authorities regarding any identified behaviour that may be qualified as gender discrimination;
- Drafting an internal policy containing measures against harassment, the Methodological norms also containing guidelines regarding its structure.
You can read and download this legal alert in PDF format right here.
 Law No. 89/2019 for the amendment and completion of Government Emergency Ordinance No. 111/2010 regarding parental leave and monthly indemnity, as well as for the establishment of certain measures for recovering the sums representing parental indemnity, published within the Official Gazette, Part I, No. 340 dated May 3rd 2019;
 Government Decision No. 262/2019 regarding the approval of the Methodological norms for the application of provisions of Law No. 202/2002 on equality of chances and treatment between men and women, published within the Official Gazette, Part I, No. 333 dated May 2nd 2019.