Employment Flash No. 1/2023 – Latest news in the labor law field
08.03.2023 – Latest news in the labor law field
1. On the new legal provisions designating the collective negotiation sectors
The Government Decision (GD) no. 171/01.03.2023 on the establishment of collective bargaining sectors and the related NACE codes was published in the Official Gazette no. 190 dated March 7, 2023.
Following the adoption of the new law on social dialogue (Law No. 367/2022), the present Government Decision was adopted to define and extend the collective bargaining sectors, thus repealing the legal provisions previously applicable in this respect.
According to the new social dialogue law, collective bargaining is compulsory, including at collective bargaining sector level.
Thus, the classification into a collective bargaining sector is made according to the main NACE code of the activity.
The specific collective bargaining sectors and the corresponding NACE codes are set out in the Annex to the present Government Decision.
In particular cases (i.e., some activities of the entity fall into the scope of more than one collective bargaining sector), employers will be able to request classification in one of these sectors under certain conditions.
The procedure for the classification of the entity within the collective bargaining sectors will be adopted by ministerial order, which will be published in the Official Gazette within 10 days from the date when the present GD entered into force.
2. On the new legal holidays introduced by law
The Law no. 52/06.03.2023 for completing para. (1) of art. 139 of Law no. 53/2003 – Labour Code was published in the Official Gazette no. 186 dated March 6, 2023.
The new law adds two additional days to the list of legal holidays recognized at national level, namely:
– 6 January – Baptism of the Lord – Epiphany;
– 7 January – the Sobor of the Holy Prophet John the Baptist.
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