New Labour Code regulations applicable to employers and micro enterprises
New amendments are adopted by the Romanian Parliament concerning the labour relations with regard to the situation of microenterprises. Below, are set out the changes provided by Law no. 275/2022 impacting on employment law aspects abolished the emergency ordinance dated 6th May 2021 which supplemented during the pandemics the Labor Code with the purpose of reducing the mandatory employment documents applicable to micro-enterprises.
As per this law, the information elements provided by the Labour Code must also be included in the microenterprise's job description, even if the job responsibilities can be specified verbally. The employer microenterprise is obliged to communicate the job description in writing, specifying the job duties, while before it was sufficient to be specified verbally.
The employer's obligation to keep a record of the hours worked daily by employees of microenterprises under the conditions agreed with the employees by written agreement, depending on the specific activity carried out by them, has been removed. This employer's obligation remains only for mobile employees and employees who work from home.
Furthermore, there is repealed the rule that internal rules of microenterprises shall be drawn up in consultation with the trade union and the employees' representatives, where appropriate. A microenterprise is an enterprise with up to 9 employees (inclusive) and has a net annual turnover or total assets of up to 2 million Euros or the equivalent in RON.
The law entered in force as of 7 October 2022.
Microenterprises are not impacted if they have not fulfilled the aforesaid conditions before the law enters into force. However, in the future, employers are obliged to comply with the new changes as presented above.
Published in the Official Gazette of Romania, No. 961 as of 3 October 2022.