One Move Ahead

Legal & Tax Alerts

Labor Code Change Forecast

Given that the legal framework nowadays leaves less room for interpretation, more and more legislative initiatives, which may further become applicable law, are introduced to close gaps and correct practice misconducts. In this context, a labor code bill is on the agenda of the Romanian Senate. The bill will revive the conciliation procedure of labor conflicts between employers and employees and introduce new obligations for employers, which come to facilitate human resource activity.

The main amendments still under discussion refer to: 

Individual labor contracts: The labor code bill states that a lawyer or a “labor law expert”, beside any other designated person, may assist any party when an individual labor contract is being negotiated.

Labor law experts: A new profession with COR code 242220 is introduced: A labor expert is a specialist who can either practice within a specialized company focused only on ensuring compliance with labor legislation, a specific division of a company (usually the Human Resources department), acting in capacity as employer, or can work on their own, as a freelancer (independent self-employed person, as legal provisions state).

Human resources and payroll: As a possible new main obligation of any employer, organizing human resources and payroll involves assigning own employees or, if not possible, outsourcing this kind of services. Either way, the responsible persons must have certified qualifications in human resources and payroll. When subcontracting an external supplier, employers must be aware that only companies having, according to national NACE Codes, as a main activity “Workforce management” and are coordinated by a labor law expert can offer such services.

Labor law conflicts: A more explicit procedure is considered by the new legislative initiatives when an employer-employee conflict arises. This is why it is intended to reinforce the conciliation procedure as a prior and mandatory procedure only when the individual labor contract sets forth this matter as an obligation of the parties. Above all, it is explicitly mentioned that in no case may a conciliation procedure last more than 10 working days from the date when the reconciliation invitation is sent by the interested party.

Employers face increased obligations, which must specify the conciliation procedure, alongside with individual employee requests or complaints, in the company’s rules of procedure.

Disciplinary liability: In order to initiate the disciplinary investigation of an employee, employers must empower a specific person/committee or an external consultant. During this stage, the employees under investigation may be assisted by an attorney at law or by a labor law expert.

Related Posts

Privacy Preferences
When you visit our website, it may store information through your browser from specific services, usually in form of cookies. Here you can change your privacy preferences. Please note that blocking some types of cookies may impact your experience on our website and the services we offer.

BUSINESS CONTINUITY AT ZRVP

The COVID-19 crisis is fast-moving and hard to predict. At ZRVP, our highest priority is the health and wellbeing of our people, our clients and our communities.

Our response measures are aligned with the recommendations and decisions of the Romanian authorities and ensure the safety of our people and visitors as well as the continued provision of key client services and operations.

We would like to assure you that ZRVP will continue to operate seamlessly during the next period, both remotely and at our offices. We will provide continuous legal service to all our clients and assist you in the navigation of the wide range of legal and economic impacts of COVID-19 that are leading to uncertainty and volatility across all sectors. We are closely monitoring the situation as it evolves and will provide up-to-date information related to the wide range of issues arising during this challenging time.

In the meantime, if you would like to contact any of our team members, please use the usual contact details.

 

Kind regards,
Your ZRVP team