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deDaniela Ileana September 18, 2020

The labour code has been changed and updated!

A proposal to amend the Labour Code was adopted published at the end of September.

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A proposal to amend the Labour Code was adopted published at the end of September. The following are the main changes to the new legislation:

1. In Article 17, paragraphs 6 and 7 are amended and contain:

‘(6) in the negotiation, conclusion or amendment of an individual employment contract or during the settlement of an individual employment conflict, each party may be assisted by an external labour consultant or a trade union representative whose member is, at its choice, subject to the provisions of paragraph 7.

The parties may conclude a confidential contract for the information provided prior to the conclusion of the individual employment contract or during its execution, including during the conciliation period.”

A new Article is inserted confirming what is already happening in practice, namely:

2. Article 2 34. 1.1- “1. Each employer shall have the right to organise his activity as human resources and remuneration in the following ways:

a) taking on specific tasks by the employer;

b) designating one or more employees to whom the post office assigns human resources and remuneration functions;

c) by providing external services specialising in human resources and remuneration.

External services specialising in human resources and remuneration shall be coordinated by an expert in labour law.”

What is new in this case is the obligation to coordinate external services specialised in human resources and remuneration by an expert in labour law.

After Article 231, a new article is introduced with a wide range of content on acting in good faith and on finding a friendly solution in the event of a conflict of individual work.

„(2) in order to promote a rapid and amicable settlement of individual labour disputes, by way of derogation from the provisions of Article 208 of the Social Dialogue Act No 208/2011, and subsequent amendments and additions, at the conclusion of the individual employment contract or during its execution, the parties may include in the contract a clause stipulating that each individual employment conflict must be resolved amicably by conciliation.

(3) conciliation under this Act means the amicable settlement of individual employment disputes, with the assistance of an external consultant specialised in labour law, under neutral conditions, impartiality, confidentiality and free consent of the parties.

The external labour law adviser referred to in paragraph 3, hereinafter referred to as the external adviser, may be a lawyer, an employment law expert or, where appropriate, an employment law mediator, who, by virtue of his active role, will ensure that the parties act responsibly in the resolution of the conflict, respecting the rights of workers recognised by law or established by employment contracts. The remuneration of the external consultant shall be borne by the parties in accordance with their agreement.

The parties have the right to freely choose their external consultant.

Each Party may address the external consultant with a view to initiating the conciliation procedure for the individual conflict of employment. He shall send the written invitation to the other party, using the means of communication provided for in the individual contract of employment.

The date of initiation of the conciliation procedure may not exceed five working days from the date of notification of the invitation referred to in paragraph 6.

Article 251 of the Labour Code also includes a new paragraph with a particularly important specification:

“in conducting disciplinary research, the employer must appoint a person or appoint a committee or resort to the services of an external consultant specialized in labor law, which he/she delegates to him/her authority.”

The law was promulgated and published in the MO. no. 0893 from September 30rd 2020.