Romania: Labour law amendments

In Romanian Official Gazette no. 474 dated 6 May 2021 (i) Government Emergency Ordinance no. 36/05.05.2021 regarding the use of a qualified or advanced electronic signature in employment relations and amending other normative acts (“GEO 36/2021”) and (ii) Government Emergency Ordinance no. 37/05.05.2021 to amend and supplement Law no. 53/2003 – Romanian Labour Code (“GEO 37/2021”) were published.

By 60 days after GEO 36/2021 enters into force, the implementing statutes for Law no. 319/2006 will be amended accordingly.

I. GEO 36/2021

 

1. Use of an advanced electronic signature or qualified electronic signature

• It will be possible to use an advanced or qualified electronic signature, accompanied by a time stamp and the employer’s qualified electronic seal ("Electronic Means") to sign, amend or terminate an employee’s employment contract and to draw up all documents in relation to employment under the conditions provided in the company’s internal regulations and/or the applicable collective bargaining agreement;
• It will be possible to use Electronic Means to prepare documents on employment relations as well as health and safety aspects in the employer's relations with public institutions;
• Documents concluded using Electronic Means will be archived by the employer and made available to the competent authorities at their request;
• Employers must inform a person selected for employment or employee concerning the procedures for using Electronic Means;
• Employers are not permitted to oblige a person selected for employment or an employee to use the Electronic Means to sign an employment agreement or other employment documents.

2. Amendments to teleworking legislation

• The definition of teleworking is amended by excluding the threshold of a minimum of one day/month of teleworking;
• A teleworker’s work is to be verified by the employer, mainly using information and communication technology;
• The requirement to mention in an employee’s employment contract or addendum the place where teleworking is to be performed has been removed;
• A new obligation on the part of employers to ensure conditions for the teleworker to receive adequate occupational safety and health training, in particular in the form of information and work instructions on the use of display screen equipment, on employment and on the introduction of new work equipment/any new working procedure was introduced;
• A new obligation on the part of teleworkers to observe and ensure the confidentiality of the information and documents used while teleworking was introduced.

3. Amendments regarding occupational safety and health

The proof of employees’ health and safety training, which is to be ensured by the employer, may be prepared by Electronic Means or on paper, according to the method established by internal regulations.

II. GEO 37/2021

 

For microenterprises with nine or fewer employees that achieve net annual turnover/hold total assets of EUR 2 million or less, GEO 37/2021 introduces a number of exceptions with regard to employment documentation:

• Employees’ job descriptions need not be in written form; the duties corresponding to the position held may be specified orally. Nevertheless, employers must communicate the job description in writing at an employee’s written request;
• Internal regulation is not mandatory.

In addition, for (i) mobile employees, (ii) employees working from home and (iii) employees of the microenterprises mentioned above, employers must keep records of the hours worked daily by each employee under the conditions established with employees by written agreement, depending on the specific activity involved.