Despite many proposals and initiatives, mostly by large-scale
union organizations, neither 2015, nor the first quarter of 2016
brought major changes in this field. Still, a few recent amendments
are worth mentioning, as they could impact your company's
Law 1/2016 amending Law 62/2011 on social dialogue and
Constitutional Court Decision 814/2015 striking down art. 60 para
(1) letter g) of the Labor Code:
At the union's request and with
their members' consent, employers are now bound to collect the
membership fees, through payroll (up until now, employers had to
also agree to this.)
The non-representative union at
company-level may now indirectly become representative, through
affiliation to an industry-level representative federation, even if
the employees had duly elected representative persons for
collective bargaining and dealings with the employer.
The overarching prohibition to
dismiss elected union leaders has been ruled unconstitutional and
they are now protected only against dismissal for reasons related
to their mandate.
Enhanced protection for employees on parental leave for
Law 66/2016 amending Government Emergency Ordinance 111/2010 on
parental leave for childcare, in force starting July 1, 2016:
To benefit from such protection, the
employee must have obtained taxable income for at least 12 months
within the last two years (instead of one year) prior to child
birth – contribution period.
The duration of the parental leave
has been unified for a period up to the child's second birthday
(third birthday for disabled children).
During such leave, an indemnity of 85
percent of the average income obtained during the contribution
period, without cap, is payable from the State budget (at least 85
percent of the minimum gross salary at national level).
The indemnity for early return to
work (reinsertion), also payable from the State budget, has been
extended until the child is three years old (four years for
disabled children) and increased to 50 percent of the parental
The interdiction to dismiss the
employee returning from such parental leave is extended until the
third birthday of the child (fourth birthday for disabled
Clarifications on certain matters that were subject to varying
interpretations (weekly rest period, annual vacation entitlement,
length of service, equal salary for temporary workers)
Law 97/2015 amending the Labor Code:
The weekly rest is of 48 consecutive
hours, as a rule on Saturday and Sunday, instead of two consecutive
days, which meant two full calendar days.
Outstanding vacation days may be
taken within the next 18 months of the following year.
In line with the EU legislation, the
salary of a temporary worker may not be lower than the salary
received—for equal work—by the permanent employee of
Law 12/2015 amending the Labor Code, in force starting January
Medical, maternity and maternal risk
leaves, as well as sick child leaves do not impact the annual
Absenteeism and unpaid leaves are not
included in the length of service (seniority) for social protection
purposes (calculation of pension entitlement and of other
indemnities from the State budget).
Minimum gross base salary for 2016
Government Decision 1017/2015 on the minimum gross base salary
guaranteed for payment at national level:
Starting 1 May 2016, the minimum
monthly gross base salary for an average full-time schedule of
169,333 hours/month is RON 1.250 (approx. €277).
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The European Court of Justice recently determined that a company policy banning employees from wearing religious signs such as Islamic headscarves is not necessarily discriminatory.
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