New amendments in labour relations
In the Official Gazette of 9 December 2022, two normative acts which impact labour relations were published, namely Order no. 2171/2022 of the Minister of Labour and Social Solidarity for the approval of the framework model of the individual employment agreement and Government Decision no. 1.447/2022 for the establishment of the minimum gross basic salary per country guaranteed in payment.
1. Order No. 2171/2022 of the Minister of Labour and Social Solidarity approving the framework model of the individual employment agreement ("Order")
- Legal context
As a result of the latest legislative changes impacting on the content of the individual employment agreement, the framework model approved by the Order 64/2003 no longer complies with current legislative requirements in view of recent changes to the Labour Code.
Thus, the Minister of Labour and Social Solidarity issued this Order approving the framework model of the individual employment agreement, applicable as of 9 December 2022.
Once the Order has entered into force, the individual employment agreements signed between employer and employee will necessarily include the elements provided in this framework model.
The new provisions of the model framework employment agreement refer, among other things, to the following aspects:
a) Conditions of the probationary period, if applicable;
b) The individualised work programme, if appropriate;
c) Method of payment of salary;
d) Procedure for the use of electronic signature, qualified or advanced electronic signature;
e) Training requirements;
f) Criteria for evaluating the employee's professional activity;
g) The provision of or payment for transport by the employer if the employee does not have a fixed place of work, as well as other additional benefits granted to the employee in this context;
h) Compensation for overtime with paid time off within 90 days of the overtime. If compensation is not possible, it is necessary to specify the amount of the bonus granted in addition to the salary.
i) The employer's right to bear the cost of private medical insurance, additional contributions to the employee's voluntary pension or occupational pension, as appropriate.
We recommend updating individual employment agreements which may be signed with new employees in accordance with the provisions of the framework model.
The framework model of the individual employment contract can be found on the website of the Ministry of Labour or can be accessed through this link.
2. Government Decision no. 1.447/2022 for the establishment of the minimum gross basic salary per country guaranteed in payment (“GD 1447/2022”)
For economic reasons, on 9 December 2022, the Government Decision on the establishment of the minimum gross basic salary per country guaranteed in payment was published.
GD 1447/2022 provides that the amount of the minimum gross basic salary per country will be increased to 3,000 lei per month, starting on 1 January 2023, compared to 2,550 lei at present.
The minimum gross basic wage in the country is set for normal working hours averaging 156,333 hours/month, excluding bonuses and other allowances.