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The New Framework Model Of The Individual Employment Agreement. Key Aspects

Publication: ZRVP

The framework model of the individual employment agreement approved by the Order no. 64/2003 of the Minister of Labor and Social Solidarity no longer fits the changes brought to the Labor Code at the end of October. So, a new framework model of the individual employment agreement is applicable from December 9. Here are the substantial changes which it brings.

Substantial changes in the framework model of the individual employment agreement amended in view of the amendments to the Labor Code

  • the employee’s domicile may also be mentioned as the place of work;
  • it is stipulated that in the absence of a fixed place of work, the employee may carry out the work in the field/at the customer’s premises/geographical area/group of units etc., in which case the employee will receive additional benefits in cash or in kind, and where appropriate, the employer will provide/pay for transport;
  • the fixed duration of the agreement may be specified not only by months but also by days and weeks;
  • the duration of work, in the case of full time work program, can be expressed in hours per day and/or in hours per week;
  • the working time may be set inclusively by hours/month and not only by hours/day and hours/week;
  • as regards the distribution of working hours, both the hours and the days on which the working hours are distributed in a certain way are indicated;
  • it is expressly stated that annual rest leave is granted in relation to the period worked and not in relation to the duration of work (full time/part time);
  • it is expressly stated that overtime worked by full-time employees outside normal working hours shall be compensated by paid time off in the next 90 calendar days after overtime, and if compensation by paid time off is not possible, it shall be paid by a wage supplement to be specified by the employer (according to the legal provisions in force, the supplement for overtime shall be determined by negotiation in the collective labor agreement or, where applicable, the individual labor agreement, and may not be less than 75% of the basic wage).
  • it is specified that work performed on non-working days laid down in the applicable legislation/collective labor agreements or on public holidays shall be compensated with paid time off or with an increase in pay, in accordance with the applicable collective labor agreement or the Labor Code, without specifying the specific increase;
  • the conditions of the probationary period, if any, shall be mentioned;
  • the job-specific risks set out in the risk assessments of the workplace and in the identification sheet of the occupational risk factors shall be mentioned;
  • the method of payment of the salary shall be mentioned;
  • the employee’s obligation to respect professional secrecy has been replaced by the obligation to respect the confidentiality of information and documents used in the performance of work duties;
  • the following rights of the employer are expressly specified: (i) to determine the job duties and working hours of each employee; (ii) to pay for private medical insurance, additional contributions to the employee’s voluntary pension or occupational pension, as provided for by law, as the case may be; (iii) to grant any other rights established as a result of the employee’s professional activity;
  • the employer’s obligation to set up a general register of employees and to make the entries provided for by law is expressly stated;
  • the level at which a collective labor agreement has been negotiated (i.e. unit/group of units/sector of activity) is indicated instead of the applicable collective labor agreement number;
  • the use of electronic signature, advanced electronic signature and qualified electronic signature in accordance with the provisions of the applicable legislation/internal rules/applicable collective labor agreement is indicated;
  • the conditions under which the training is carried out, in accordance with the provisions of the applicable legislation/internal rules/applicable collective labor agreement are specified.
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