Background checks
The Romanian Labour Code limits the background checks that an employer can carry out regarding its potential candidates. As a general rule, the following background checks are permitted by Labour Code: information required by employer to candidates during background check may have the only purpose to appreciate the candidate’s capacity to occupy the relevant job and his/her...Read More
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Garden leave
Garden leave is the period preceding the employment termination during which the employee is paid without being required to attend the workplace and to perform the job attributions. Garden leave is not regulated under Romanian law. Nevertheless, it is often met in practice in case of dismissal for reasons not related to the employee or termination of employment by mutual agreement. Once it...Read More
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NEW SUPPORT MEASURES IN THE CONTEXT OF THE CURRENT EPIDEMIOLOGICAL SITUATION
Government Emergency Ordinance no. 132/2020 (“GEO 132/2020”) establishing new support measures for employees and employers in the context of the current epidemiological situation was published in the Official Gazette on 10.08.2020. Under GEO 132/2020 the Government adopted the following measures: Supporting by the State of an indemnity in case of temporary reduction of the...Read More
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Impact of coronavirus crisis in employment relationships
In the current context generated by the coronavirus crisis (Covid-19), employers must pay particular attention to implementing measures designed to prevent the risk of contamination of employees in the workplace and the spread of the virus. These measures will consider on the one hand the training of the employees on the health and safety measures, and on the other hand they will aim,...Read More
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TELEWORK
Three years as of the first legislative project on telework the law regulating the telework activity was finally enacted. Until now the Romanian labour law has regulated only the work from home as a way of working remotely. The Law no. 81/2018 on telework activity is more than welcome, as telework has important particularities that could not be properly regulated between the parties...Read More
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EMPLOYEES’ PROTECTION IN CASE OF TRANSFER OF UNDERTAKINGS (TUPE)
Transfer of undertaking is more and more used by companies in their strategies for expanding, changing or restructuring their business. The parties involved in a transfer of undertaking should be aware of and observe the rules regarding the employees protection in case of transfer of undertakings (“TUPE”). In Romania the employees affected by a transfer of undertaking are protected...Read More
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NEGOTIATION OF THE COLLECTIVE BARGAINING AGREEMENT AT COMPANY LEVEL
LEGAL AND PRACTICAL ASPECTS Although collective negotiation may be considered an easy process, the employers should avoid certain pitfalls raised by law and practice of the labour authorities, that may trigger fines or refusal of registration of the collective bargaining agreement (CBA). Under the law, the employers with at least 21 employees are bound to negotiate a CBA at company...Read More
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Order 409/4020/737/703 regarding the framing into the software activity
Order 409/4020/737/703 regarding the framing into the software activity has been published into the Official Gazette no. 468 as of 22 June 2017 and came into force as of July 1, 2017, repealing the Order 872/5.932/2.284/2.903/2016 regarding the framing into the software activity. This order becomes applicable starting with the incomes related to July 2017. This new order brings two...Read More
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NEW AMENDMENTS TO THE LABOUR CODE AND TO THE INDEMNITY FOR RAISING THE CHILD
Amendments to the Labour Code The Government Emergency Ordinance no. 53/2017, applicable starting with August 7, 2017, brings a series of significant amendments to the Romanian Labour Code, most of them being intended to reduce the undeclared work and to allow the authorities to properly check if the employers „benefit” of undeclared work. Although performing the work without...Read More
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