Content:
- Emergency Ordinance No. 53/2017
- Emergency Ordinance No. 55/2017
- Emergency Ordinance No. 60/2017
Emergency Ordinance No. 53/2017
Emergency Ordinance no. 53/2017, published in the Official Gazette Part I no. 644 of August 7, 2017, amending and supplementing Law no. 53/2003 regarding the Labor Code, brings the following clarifications:
Comment: This Emergency Ordinance introduces a new article, namely 151, which defines undeclared work as:
a) allowing a person to work without having concluded a written employment agreement a day before the start of activity;
b) allowing a person to work without having registered the individual employment contract with the General Registry of Employees, at least one day before of the start of their activity;
c) allowing a person to work while having the individual employment agreement suspended;
d) allowing the part-time employee to work outside the established working hours.
The Emergency Ordinance also amends the term allowed to conclude the addendum to the employment contract, stating that any amendment brought to one of the terms provided in par. 3 of Article 17, during the performance of the individual employment contract, requires the conclusion of an addendum to the contract, before the entry into force of the amendment, except where such amendment is expressly provided by the law or in the applicable collective employment contract (previously, such alterations could have been done by addendum in 20 days upon occurrence).
The addendum submission deadline with Revisal is at least one day before the occurrence of the amendment.
The Emergency Ordinance also amends the content of Article 119, and the employer is obliged to keep, in the workplace, a record of the working hours performed by each employee, showing the start and the end of the working time and to submit this record to the control of labor inspectors whenever required.
Finally, we draw attention to the fact that the provisions of the present Emergency Ordinance also amend the regime of sanctions and related fines (resulting in higher amounts). At the same time, is introduced a complementary sanction which refers to the possibility of the labor inspector to apply the ceasing of the activity of the employer at the verified workplace, in certain situations pursuant to a procedure developed by the Labor Inspection and approved by Order of the Minister of Labor and Social Justice
Emergency Ordinance No. 55/2017
Emergency Ordinance no. 55/2017, published in the Official Gazette Part I no. 644 of August 7, 2017, amending and supplementing Government Emergency Ordinance no. 111/2010 on parental leave and monthly child-raising allowance, brings the following clarifications:
Comment: The most important amendment brought by this Emergency Ordinance is the establishment of the maximum ceiling for the child-raising allowances. Thus, the monthly allowance is set at 85% of the average net income for the last 12 months of the last two years prior to the date of childbirth and may not be less than 85% of the amount of the gross minimum salary per country guaranteed in payment and not more than 8500 lei.
These provisions shall apply starting with the rights for September 2017.
Emergency Ordinance No. 60/2017
Emergency Ordinance no. 60/2017, published in the Official Gazette Part I no. 648 of August 7, 2017, amending and supplementing Law no. 448/2006 regarding the protection and promotion of the rights of people with disabilities , brings the following clarifications:
Comment: Starting September 1, 2017, Article 78, paragraph (3) shall be amended and shall have the following content
“(3) The public authorities and institutions, legal persons, public or private, who do not employ persons with disabilities under the conditions stipulated in paragraph (2), pay monthly to the state budget a sum representing the minimum basic salary per country guaranteed in payment and multiplied by the number of jobs in which they have not hired people with disabilities “
This amendment removes the employer’s option to purchase goods / services from protected authorized units, the employer being obliged to pay the disability fund to the state budget.
The amendment enters into force starting September 1, 2017.
Public authorities and institutions, public legal entities, except for those institutions within the national defense, public order and national security system, are obliged to organize employment contests exclusively for persons with disabilities, while observing the legal provisions in force. This measure does not exclude the possibility for disabled persons to participate in all other employment contests organized by the public institution.