Further to the entry into force of Law 283/2022 for the amendment and completion of Law no. 53/2003 – the Labour Code, as well as of Government Emergency Ordinance no. 57/2019 regarding the Administrative Code (“Law 283/2022”), significant changes have occurred as regards the labour relationship between the employer and employee under the Romanian law.
However, even though it entered into force on 22 October 2022, Law no. 283/2022 has thus far remained puzzling as to its practical enforcement, as it expressly stipulates that, within 30 days of its publication, a new framework individual labour agreement will be made available through an order of the Minister of Labour and Social Solidarity.
In addition, Law no. 283/2002 expressly provides that “upon the entry into force” of the above-mentioned order, the previous framework for an individual labour agreement will be repealed.
Therefore, after the new framework individual labour agreement enters into force, individual labour agreements will have to reflect the new structure.
For the moment, and until such new template enters into force, we emphasize the fact that new elements will have to be included in individual labour agreements, such as: specific and separate salary components, conditions under which the trial period is completed by the employee, and how transportation costs are covered by the employer for the employee. Moreover, the new template will also reflect the amendments brought to the labour relationship by Law 283/2002.
In addition, further to the changes, two new elements will have to be included in the internal regulations of employers, namely: the rules on prior notice, and the general training policy for employees. Moreover, Law 283/2022 specifically provides that the internal regulation must be made available to the new employee on the first day of work, including through electronic means.
Therefore, for the coming period, under Romanian law it will be compulsory for employers to integrate the changes in their labour relationships, as shown in the individual labour agreement template they use and their internal regulations.
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