The Labor Code was amended to provide more rights for workers. It is actually about the law 283/2022, which transposes several European directives. There are several innovations, from carer’s leave, to moving into a vacant position if it’s better, or to absence due to extraordinary family circumstances.

Amendment 12 of the Law on Amendments to the Labor Code

1. Any employee has the right to work for different employers or for one employer on the basis of individual employment contracts, without overlapping the work schedule, receiving the appropriate salary for each of them. No employer may apply unfavorable treatment to an employee who exercises this right.

2. The employee will have another right, namely to request a transfer to a vacant position that provides him with more favorable working conditions, if he has passed the probationary period and worked for the same employer for at least six months;

3. The rights acquired by the employee before the granting of leave or absence from work are preserved for the entire time of leave, respectively, the period of absence.

4. The employer may establish individual work programs for all employees, including those who use leave to care for them, with their consent or at their request, which may have a limited duration.

5. It is prohibited to establish a new trial period if a new individual employment contract for the same position and with the same duties is concluded between the same parties within 12 months.

6. The employer is obliged to provide the employee with care leave to provide care or personal support to a relative or a person who lives with the employee and who needs care or support due to a serious medical problem lasting 5 working days in a calendar year upon written application by the employee.

Special laws or a valid collective agreement for care leave may set a longer duration than provided for.

This period of 5 days is not included in the duration of annual leave and is counted against the length of service and by profession.

The period of care leave is the length of service for establishing the right to unemployment benefit and temporary incapacity benefit, which is provided in accordance with current legislation.

Failure to provide employees with care leave is punishable by a fine of 4,000 to 8,000 lei.

* Carer’s leave is leave granted to employees to provide care or personal support to a relative or household member who requires care or support due to a serious medical problem.

7. The employee has the right to be absent from the workplace in unforeseen situations caused by an emergency in the family, caused by an illness or an accident, which make the immediate presence of the employee necessary, provided that the employer has been informed in advance and with the recovery of the period of absence until the full fulfillment of the normal duration of the employee’s work schedule.

Absence from work cannot last more than 10 working days during a calendar year.

The employer and the employee establish by mutual agreement the method of recovery of the specified absenteeism within the number of days.

8. The employer may establish individual work programs for all employees, including those who use leave to care for them, with their consent or at their request, which may have a limited duration.

Any refusal to satisfy the request must be motivated by the employer in writing within 5 working days from the moment of receipt of the request.

9. When the individual work schedule has a limited duration, the employee has the right to return to the original work schedule after the end of the agreed period. The employee has the right to return to the original schedule before the end of the agreed period in the event of a change in the circumstances that led to the establishment of an individual schedule.

Flexible organization of working hours means the opportunity for employees to adapt their work schedule, including through the use of telework formulas, flexible work schedules, individual work schedules or reduced working hours.

10. When determining the duration of annual leave, the period of temporary incapacity for work, related to leave in connection with pregnancy and childbirth, in connection with pregnancy and childbirth, in connection with pregnancy and childbirth, in connection with pregnancy and childbirth, leave to care for a sick child, leave for care and absence from work, take into account the periods of the performed activity.

The two innovations mentioned in the latest report by Adrian Benzi, a tax consultant, are contained in the same law:

11. When an employment decision is made, there is a duty to inform the employee about such elements as the place of work, wages, normal hours of work, etc. If the employer provides private health insurance, contributions to a voluntary or professional pension, they are also the subject of informing the employee.

12. If employees or employee representatives file a complaint against the employer, they are protected from any negative treatment by the employer. An employee who considers himself a victim of unfavorable treatment by the employer can apply to the court for compensation and restoration of his previous position.

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