Romanian Labour Code provides greater protection for temporary and absent employees

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A number of new amendments have been added to the Romanian Labour Code in order to reduce discrimination against temporary employees and give greater clarity on the treatment of individual employment contracts. 

The amendments, which came into force on 25 January 2015, are summarised below:

• Other than in exceptional circumstances, employees who are absent from work on unpaid leave or for any non-permitted periods will have their periods of absence deducted from any calculation of seniority.
• Employees who reach their full retirement age, or who retire due to disability, no longer require notice to terminate their contracts of employment.
• Temporary employees may not receive a salary that is lower than that paid to permanent employees in the same or similar role.
• In calculating an employee’s annual leave allowance, employers should not take into account any periods of absence due to temporary disability or that are related to maternity leave, including maternal risk leave and leave to care for a sick child.  Furthermore, should an employee suffer a temporary disability or any ill-health related to maternity leave whilst on holiday, their holiday entitlement will be increased to include such sickness related absence.
• If an employee is unable to take their full annual leave allowance as a result of sickness, their remaining entitlement shall be paid in lieu.
• If, due to reasonable grounds (such as sickness or work requirements), an employee is unable to take their full annual leave, they may carry it forward to the following calendar year.

Resources

• Law no. 53/2003 – the Romanian Labour Code
• Law no. 12.2015 – amendments to the Romanian Labour Code
• Directive 2008/104/EC – temporary employment

Further information

For further information or to discuss any of the issues raised, please contact Marilena Ene on +4021 230 01 71 at Ratiu & Ratiu - www.ratiu.ro/en.

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