Legislative newsletter 28th of January 2015


The document covers the following:

• The Law for the amendment and supplementing of the Law no. 53/2003 – The Labour Code

Law no. 12/2015

The law no. 12 of January 20th, 2015, published in the Official Journal Part I no. 52 of January 22nd, 2015 for the amendment and supplementing of Law no. 53/2003, includes the following remarks:

Comment: According to this Law, the Labour Code is amended and supplemented as follows:

To article 16 two new paragraphs which provide that unauthorized leaves and unpaid leaves are deduced from seniority, except the unpaid leave for professional training, (initiated at the employee’s request).

Article 56 paragraph (1) letter c) is amended in order to terminate by law the individual employment agreement, at the time of the cumulative fulfilment of the standard age retirement and minimal contributions for retirement; at the communication time of the retirement decision in case of disability retirement of third degree, partial early retirement, early retirement, age limit retirement with the cutback of standard age for retirement; at the communication time of the medical decision on work capacity in case of first or second degree disability.

A major amendment also appears in the matter of the work performed through a temporary work agent, in the sense that the wage received by the temporary employee for each mission cannot be smaller than the one paid by the employer to the employee who performs the same work or a similar one to the one of the temporary employee. If the employer has not employed such a person, the wage paid to the temporary employee will be established taking into consideration the wage of an employed person holding an individual employment agreement and which performs the same work or a similar one, as it is established through the collective work agreement applicable to the employer’s field of activity.

As far as the annual leave is concerned, art. 145 is amended in order to introduce three new paragraphs which set forth the fact that while determining the duration of annual leave, the periods of temporary work incapacity and those related to the maternity leave, maternal risk leave and sick child care leave, are considered periods of performed activity. It is also set forth that in case the temporary work incapacity or maternity leave, maternal risk leave or sick child care leave, occurred during the period of annual leave, the last one is discontinued, and the employee will benefit from the remaining days of annual leave after the situation of temporary work incapacity, maternity, maternal risk or sick child care ceases. The employee has the right to annual leave even in the cases when the temporary work incapacity continues, according to the law, on the entire calendar year, the employer being compelled to grant the annual leave within an 18-month period starting with the year following the one in which the employee was in medical leave.

Finally we underline that fact that the employer has to grant the remaining annual leave within a period of 18 months starting with the year following the one in which the right to annual leave originated, if, for justified reasons, the employee cannot take the annual leave to which he was entitled to in the respective calendar year.

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