Content:
• Emergency Ordinance no. 36/2021
• Emergency Ordinance no. 37/2021
Emergency Ordinance no. 36/2021
Emergency Ordinance no. 36 published in the Official Gazette no. 474 of May 06, 2021 Part I regarding the use of advanced or qualified electronic signature, accompanied by an electronic time stamp or a qualified electronic time stamp and the employer’s qualified electronic seal in the field of work relations, and in order to amend and supplement certain normative acts, brings the following clarifications:
Comment: The present emergency ordinance brings amendments and supplements to the following normative acts:
- Law No. 53/2003 – Labour Code;
- Law no. 81/2018 regarding the regulation of the teleworking activity;
- Law no. 319/2006 on safety and health at work.
We list below a few of the changes and additons brought:
- The employee and the employer can conclude individual employment contracts and/or addendum, by choosing to use the advanced or qualified electronic signature accompanied by the electronic time stamp or the qualified electronic time stamp and the employer’s qualified electronic seal.
- The employer can now use the advanced or qualified electronic signature accompanied by the electronic time stamp or the qualified electronic time stamp and the employer’s qualified electronic seal for the drafting of all work-related documents during the conclusion, performance and termination of the individual employment contract, under the conditions established by the internal regulation and/or collective employment contract applicable, according to the law.
- When concluding the individual employment contract and/or addendum or other documents related with the performance of the individual employment contract, the parties must use the same type of signature, respectively the holograph signature or the advanced or qualified electronic signature accompanied by the electronic time stamp or the qualified electronic time stamp and the employer’s qualified electronic seal.
- The employers must inform the persons selected for employment or the employees about the procedures regarding the use of the advanced or qualified electronic signature accompanied by the electronic time stamp or the qualified electronic time stamp and the employer’s qualified electronic seal. The obligation to inform them is considered as fulfilled by the employer upon the signing of the individual employment contract or the addendum, as the case may be.
- The definition of teleworking is changed, and is now defined as: “the form of organization of work by which the employees, regularly and voluntarily, fulfill the specific duties assigned to their job position, occupation or profession in another working place than the one organized by the employer, using information and communication technology.”
- The employers are entitled to verify the teleworker’s activity by using information and communication technology, under the conditions provided in the employment contract, internal regulation and/or collective employment contract.
- The obligation of the parties to include the place/places of the teleworking activity in the teleworking individual employment contract or the addenda has been repealed.
Emergency Ordinance no. 37/2021
Emergency Ordinance no. 37 published in the Official Gazette no. 474 of May 0, 2021 Part I for amending and supplementing Law no. 53/2003 — Labour Code, brings the following clarifications:
Comment: This emergency ordinance brings amendments and supplements to the provisions of the Labor Code regarding micro-enterprises, defined in Art. 4 para. (1) letter a) of Law 346/2004 as those companies that have up to 9 employees and register a net annual turnover or have total assets of up to 2 million euros, equivalent in lei. Thus, for these micro-enterprises, it is no longer mandatory:
- To draft the Internal Regulation;
- To conclude job descriptions with their employees. Job duties can be communicated verbally. By way of exception, at the written request of the employee, the employer is obliged to communicate in writing the job description and duties.
Finally, we mention that for mobile employees, employees who work from home and employees of micro-enterprises, the employer keeps track of the hours worked daily by each employee under the conditions established with the employees in writing, depending on the specific activity carried out by them.