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Internal Regulations And Job Descriptions Become Mandatory Again For All Employers

Publication: ZRVP

Law no. 275/2022 on the rejection of Government Emergency Ordinance no. 37/2021 amending and supplementing Law no. 53/2003 – Labor Code has entered into force, so that all amendments to the Labor Code made by GEO no. 37/2021 are no longer valid starting with 6 October 2022.

Provisions of the Labor Code which cease to apply following the repeal of GEO no. 37/2021:

  • exemption from the obligation to draw up a job description for employees of micro-enterprises, i.e. those enterprises with up to 9 employees and an annual net turnover or total assets of up to EUR 2 million, in LEI equivalent;
  • exemption from the requirement for micro-enterprises to draw up internal regulations;
  • the obligation to keep records of the hours worked by mobile employees, homeworkers and employees of micro-enterprises under the conditions agreed with them by written agreement.

What obligations are again incumbent on employers with up to 9 employees?

  • the obligation to draw up a job description – annex to the individual employment agreement – for all employees of the unit, which to establish including the powers and duties of the employees in the field of health and safety at work, corresponding to the positions they hold;
  • the obligation to draw up internal regulations which are the source of law for a wide range of rules, including: rules on protection, hygiene and safety at work; rules on compliance with the principle of non-discrimination and the elimination of any form of violation of dignity; the rights and obligations of the employer and employees; the procedure for the amicable settlement of individual labor disputes, requests or individual complaints from employees; specific rules on work discipline in the unit; disciplinary offences and the applicable penalties; rules on disciplinary procedure; criteria and procedures for the professional assessment of employees; protection of maternity in the workplace; compliance with the principle of non-discrimination.
  • the obligation to bring the internal regulations to the attention of employees in order to make them effective, and the obligation to display them at the employer’s premises.

What advantages brings the repealing of the provisions of GEO no. 37/2021?

  • the abolition of the verbal specification of the duties, tasks and responsibilities of the position brings a series of advantages given that the job description becomes a benchmark for: attracting disciplinary/patrimonial liability; determining professional suitability/unfitness; meeting individual performance targets.
  • the implementation of the internal regulations will make it easier for employers to exercise the rights conferred on them by law, including: investigating facts that may constitute disciplinary offences; applying disciplinary sanctions; professional evaluation; assessing professional suitability; establishing and verifying compliance with specific rules applicable within the unit that may be laid down in the internal regulations.

How can employers who fail to draw up job descriptions and internal regulations be sanctioned?

  • failure to draw up a job description specifying the duties in the field of health and safety at work constitutes an offence and is punishable by a fine of Lei 4,000 to Lei 8,000;
  • failure to draw up internal regulations may, in the event of an inspection by the labor inspectors, lead to measures to remedy the non-compliance found within a specified time, and failure to comply or partial compliance with the measure ordered by the labor inspector, within the time limits set by the inspector, constitutes a contravention and is punishable by a fine of Lei 5,000 to Lei 10,000;
  • failure to draw up internal rules also entails an indirect sanction for the employer by making it impossible for the employer to apply certain provisions and procedures in the field of labor relations, such as: failure to establish specific internal rules; failure to classify certain acts as disciplinary offences by reference to failure to comply with specific internal rules; failure to assess professional suitability and adopt measures in view of the result of the assessment.
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