Law no. 120/2015 – D.R. no. 170/2015, Series I of 2015-09-01

Parliament

Law no. 120/2015 made the ninth amendment to the Labour Code, reinforcing parenthood rights. The amendments included the following:

Change/extension of parental leave:

  • Increases the mandatory parental leave for the father to 15 working days;
  • Establishes the possibility of simultaneous initial leave by both parents be tween 120 and 150 days;
  • Makes the taking of the initial parental leave simultaneously by the mother and the father  working  in  the  same  company  dependent  on  an  agreeme nt  with  the employer, in case of a micro-company;
  • Exclusive parental leave of 15 working days by the father becomes mandatory, taken consecutively or non-consecutively in the 30 days following the birth of the child, 5 of which to be taken consecutively immediately after the birth.

Telework:

  • An employee with a child aged up to 3 years is entitled to work under a telework scheme, when compatible with the functions carried out, without the employer being able to oppose to such scheme.

Group adaptability and group working hours bank:

  • Employees with children under the age of 3 who have not expressed their agreement, in writing, are excluded from the application of group adaptability scheme and group working hours bank.

Penalties:

  • Failure to inform the Commission for Equality in Labour and Employment (CITE) of the non-renewal of a fixed-term contract of a pregnant employee, an employee who has recently given birth or who is breastfeeding will now be punished as a serious administrative offence.

These amendments to the Labour Code entered into force on 6 September, with the exception of those referring to the exclusive parental leave of the father, which will only enter into force with the next State Budget.