Main aspects in the amendments to the Labor Code

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On June 1st 2022, with Decision № 360, the Council of Ministers approved the draft of the Labor Code amendment law, previously proposed by the Ministry of Labor and Social Welfare. The changes included are motivated by the need to implement two European directives of 20 June 2019 – Directive (EU) 2019/1152 on transparent and predictable working conditions in the EU, which sets a minimum standard for the information to be provided of the worker, as well as Directive (EU) 2019/1158 on the work-life balance of parents and carers, which in turn establishes minimum requirements for leave and flexible working arrangements for these people.

In short, the biggest changes are the following:

  1. Promoting the security and predictability of the employment relationship, while maintaining its flexibility and guaranteeing labor and social security rights.

The changes in detail are:

– addition of art. 70, para. 1 LC regarding the employment contract with a probationary period. The current norm allows the parties to agree on a trial period of up to 6 months. The amendment stipulates that when the employment contract has a fixed term shorter than one year, the probationary period is up to 1 month.

– change in art. 111 of the Labor Code regarding the conclusion of an employment contract for additional work with another employer. The current provision allows the parties to conclude an additional employment contract, unless otherwise agreed in the individual employment contract under the main employment relationship of the employee, incl. a complete ban on doing extra work for another employer. The current provision allows the parties to conclude an additional employment contract, unless otherwise agreed in the individual employment contract of the employee’s main employment relationship, including a total ban on additional work with another employer. By amending the provision, a ban on additional work with another employer can be negotiated only for the protection of trade secrets and / or the prevention of conflicts of interest.

– change of art. 119 of the Labor Code, which enables the employee to propose to the employer a change in the employment relationship in order to switch from fixed-term work to a permanent employment contract and / or from part-time work to full-time work. If the employer does not accept the offer, he is obliged to notify the employee in writing within 1 month, motivating his refusal. Where the offer is made more than twice in a period of one year, the employer is not obliged to provide a reasoned written response to the employee.

– amendments and additions to Art. 127, para. 1 of the Labor Code, which creates obligations for the employer to acquaint the employee with the internal rules of salary, to provide information on the terms and conditions for termination of the employment contract in accordance with the possibilities provided by labor legislation and training organized by the employer, related to maintaining and improving professional qualification and improving professional skills.

– addition to art. 228a of the Labor Code, which aims to explicitly regulate that all costs related to training to maintain and improve the professional qualifications of employees are at the expense of the employer, when his obligation to provide training arises from a normative act, a collective labor agreement or an agreement between the parties to the employment relationship.

  1. Improving the opportunities for reconciling work and family responsibilities.

The changes in detail are:

– creation of art. 164c of the Labor Code, which regulates the individual right to leave for raising a child up to 8 years of age by the father (adoptive parent), with a guaranteed right to monetary compensation from the state social insurance. The amount of the leave, the procedure for its use and its consideration for length of service are regulated. Therefore, it is provided that the right to leave for raising a child up to 8 years of age by the father (adoptive parent) arises when he has not used leave transferred from the mother under Art. 163, 164 or 164a of the LC.

– amendments and additions to Art. 167b of the Labor Code, which aim to increase the possibilities for adjusting the work regime to the individual needs of the employee, arising from his family obligations. There are normatively defined cases in which the employee has the right to propose to the employer an amendment for a certain period of the employment relationship, related to the duration and distribution of his working hours, with the transition to teleworking, as well as other amendments to facilitate reconciliation. of work and family responsibilities. This right can be used by employees who are parents (adoptive parents) of a child under 8 years of age, as well as those who take care of a parent, child, spouse, brother, sister and parent of the other spouse or other relatives. in a straight line for serious medical reasons.

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