Last updated: 25 June 2015
LABOR LAW: NEW LEGAL CHANGES
As of June, a series of legal changes related to labor law entered into force and July 1st will mark the increase of the minimum wage to 1,050 Lei, as per Government Decision no. 1091/2014. On the other hand, the Constitutional Court has rendered an important decision regarding the employers’ right to suspend the employees’ individual labor contract. These news are briefly presented to you hereinafter.
SUSPENSION OF THE INDIVIDUAL LABOR CONTRACT
By Decision no. 279/2015 (Official Journal no. 431 of June 17, 2015), the Constitutional Court ruled that article 52 paragraph 1 letter b) 1 st thesis of the Labor Code, allowing an employer to suspend its employee’s individual labor contract following the submission of a criminal complaint against the latter is contrary to the Constitution. The application of the said article will be suspended for 45 days, following the publication of the Court’s Decision and the article will cease to produce its effects if, during this period, the unconstitutional provision is not adapted to the Constitution.
INCREASE OF THE MINIMUM WAGE
As of July 1 st , 2015, the minimum wage will increase from 975 Lei/month to 1,050 Lei/month (approximately 235 Euros) for a full-time job of 168.667 hours/month, namely 6.225 Lei/hour.
Employers who do not comply with the provisions of Government Decision no. 1091/2014 regarding the minimum wage and grant a salary inferior to 1,050 Lei can be punished by a fine between 1,000 and 2,000 Lei.
LAW ON DAILY WORKERS: NEW IMPLEMENTING REGULATIONS
The new implementing regulations of Law no. 52/2011 on the activities performed by daily workers were approved by Order no. 831/2015 of the Ministry of Labor and the Ministry of Public Finance (Official Journal no. 385 of June 3, 2015).
Compared to the former provisions, the new regulations establish in a more precise manner the obligation of the beneficiary (namely the person in whose benefit the daily worker performs a non-qualified activity in exchange of a daily pay) to inform the Labor Inspectorate or the Prosecutor’s Office of any deadly accident occurring during the daily worker’s activity. Thus, work accidents resulting in death or invalidity, collective work accidents or accidents resulting in the disappearance of a person must be notified immediately to the Labor Inspectorate or to the Prosecutor’s Office (depending on the nature of the accident) in whose jurisdiction the accident took place.
The work accident must be registered by the beneficiary in the Daily Workers Ledger based on a investigation report concluded by the Labor Inspectorate. Based on such investigation report, any territorial labor inspectorate will keep track of all work accidents reported by the beneficiaries in its jurisdiction.
Furthermore, in accordance with the new regulations, the victims of work accidents or the families thereof have the right to notify to the territorial labor inspectorate in whose jurisdiction the accident took place. If they do not agree with the conclusions of the investigation report, they can notify the Labor Inspection within 30 days from the reception of the report.