Labour Code Amendments

Labour Code Amendments

View this page in: Romanian
05 February 2015

In brief

Law no. 12/2015 modifying and completing the Labour Code has been published.
The amendments entered into force on 25 January 2015.

In detail

Seniority

Employee absences without leave and unpaid leave are deducted from seniority, with the exception of unpaid leave for training.

Termination in cases of retirement for disability  

Termination of the labour contract in cases of retirement for invalidity occurs differently depending on the degree of disability. In the case of retirement for disability of grade III, the labour contract is terminated on communication of the retirement decision. In the case of disability of degrees I and II, it is terminated on communication of the medical decision over working capacity.

Temporary employee salaries

Temporary employees must receive for every temporary employment position a salary at least equal to that of an employee of the employer who provides the same or similar work. This provision also applies to temporary employment positions with employers outside Romania.

Annual leave

Temporary invalidity, maternity leave, maternal risk leave and leave for caring for sick children are considered periods of provided work activity when establishing the annual leave.

If the periods mentioned above happen during the annual leave, the latter is interrupted and the remaining days of the annual leave are rescheduled.

If temporary invalidity continues for the entire calendar year, the employer must provide the annual leave corresponding to that year, within 18 months of 1 January of the year following that in which the employee took medical leave.

Moreover, employees, for justified reasons, may not take all or part of the annual leave they had the right to during the respective calendar year. Employers must provide the remaining annual leave within a period of 18 months starting with the year following that in which this right appeared.

[Source: the Official Gazette of Romania no. 52 from 22 January 2015]

The takeaway

Employee absences without leave and unpaid leave are not taken into account for seniority, with the exception of unpaid leave for training.

The salary of temporary employees must not be less than that of an employee of the employer who provides the same or similar work.

Periods of temporary invalidity, maternity leave, maternal risk leave and leave for caring for sick children do not affect the right to annual leave. If the employees could not take all or part of their annual leave, they have to within 18 months of 1 January of the year following that in which this right appeared.

 

For a deeper discussion of how this new legislation might affect your business, please contact: 



 

Mihaela Mitroi
Partner
Mihaela.Mitroi@ro.pwc.com
Ionuţ Simion
Partner
Ionut.Simion@ro.pwc.com

Daniel Anghel
Partner
Daniel.Anghel@ro.pwc.com
Diana Coroabă
Partner
Diana.Coroaba@ro.pwc.com

 

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Contact us

Ionuț Simion

Country Managing Partner, Romania

Tel: +40 21 225 3708

Daniel Anghel

Tax and Legal Services Leader, Romania

Tel: +40 21 225.3794

Diana Coroabă

Partner, Tax Services

Tel: +40 21 225 37 94

Ionuţ Sas

Partner, Tax Services, Romania

Tel: +40 21 225 3741

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