Amendments to the Labor Code

Recently, the Labor Code was amended and supplemented, thus bringing the domestic laws in line with the European regulations and EU case-law in respect of granting annual leaves and remuneration to temporary employees.

In respect of the annual leave, amendments were made in line with the case-law of the Court of Justice of the European Union, according to which an employee’s temporary work incapacity ought not to impact on the duration of the annual leave.

Thus, the rule was removed according to which the leave “shall be granted pro-rated with the labor performed in a calendar year” and it was decided that temporary periods of work incapacitation, maternity leave, health and safety leave and care leave for sick children shall be deemed to be periods of performed labor, and shall not impact upon the duration of the annual leave. Furthermore, the employee shall be entitled to annual leave even if the sick leave lasts for the duration of an entire calendar year.

Another amendment envisages the situation relating to the annual leave not taken by the employee, in full or in part, being carried forward. Consequently, the annual leave not taken in a certain calendar year for well-grounded reasons, shall be granted in the following 18 months, starting with the year following the one when the right to annual leave arose.

In relation to the salary payable to temporary employees, the rule was inserted according to which the salary received by the temporary employee for each mission shall not be lower than the salary earned by the user’s employee, performing the same or a similar work as the temporary employee.

Law no. 12/2015 amending and supplementing Law no. 53/2003 on the Labor Code was published in Official Gazette of Romania, Part I, no. 52 of 22 January 2015.

The number of expats who may receive employment permits in 2015

In relation to 2015, the number of foreign workers who may receive employment permits in Romania was determined, namely: (i) 3,300 permanent workers, (ii) 200 interns, (iii) 100 cross-border workers, (iv) 800 highly qualified workers, and (v) 900 seconded workers.

Decision no. 52/2015 setting forth the quota per types of workers newly admitted on the labor market in 2015 was published in Official Gazette of Romania, Part I no. 87 of 02 February 2015.