Tighter rules for recording work hours and illegal work

Government Emergency Ordinance 53/2017 amending the Labour Code

  • Illegal work is now defined and includes accepting a person to work (i) without entering into a written contract the day before the commencement of activity; (ii) without registering the employment relationship in the employees’ electronic register (REVISAL) at least one day prior to the commencement of activity; (iii) while such person’s contract is suspended (e.g., during medical leave); (iv) outside the work hours set out in a part-time contract. Illegal work no longer gives rise to criminal liability for employers, but fines of up to RON 20,000 (approx. €4,500) may apply for each worker.
  • Employers must now keep a copy of the employment contracts at each relevant workplace.
  • Addenda to employment contracts may no longer be retroactive and must be concluded and registered into the employees’ electronic register (REVISAL) at least one day before they are contemplated to come into effect.
  • Employers must add to their records of work hours the daily start and end times and keep such records available for inspection by the labor authorities at each workplace.

Capping of the monthly allowance payable by the State during child rearing leave

Government Emergency Ordinance 55/2017 amending Government Emergency Ordinance 111/2010

  • Starting September 2017, the maximum value of the monthly allowance granted for child rearing is capped at RON 8,500 (approx. €1,900).

Increase of social security contributions for part-time employees

  • Starting August 2017, employers must pay social security contributions for part-time employees at the level of the country-wide minimum gross base salary, as approved by Government Decision, if the salary of such employees is lower than such minimum.

New procedure for extending medical leave that reached the current maximum (183 days) with up to 90 days

Order 953/783/2017 issued by the National Public Pension Authority and National Health Insurance Authority