Employment Flash No. 2/2023 – Latest news in the labor law field

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03.04.2023 – Latest news in the labor law field

1. On the new provisions regarding accommodation (adoption) leave

The Law no. 70/29.03.2023 amending art. 50 (1) of Law no. 273/2004 on the adoption procedure was published in the Official Gazette no. 265 dated March 30, 2023.

The duration of accommodation leave that may be accessed by the entitled person (i.e., the adopter or, optionally, either spouse of the adoptive family who earns income subject to income tax, from wage-earning and similar activities or, where applicable, from self-employed activities, copyrights income or income agricultural activities) is raised to a maximum of 2 years, including the period when the child is in placement for adoption.

Previously, the maximum duration of accommodation leave, including the period of placement for adoption, used to be of 1 year.

2. On the new procedure for classification into collective negotiation sectors

 The Ministerial Order no. 798/14.03.2023 approving the Procedure for the classification into collective bargaining sectors of the units defined according to Article 1, paragraph 21 of the Social Dialogue Law no. 367/2022, was published in the Official Gazette no. 259, dated March 29, 2023.

The application for classification (for which the official template is provided as an annex to the new Order) is submitted by the representative of the entity, as a physical document, to the Ministry of Labour and Social Solidarity (MLSS) registry office or sent by e-mail to the MLSS.

The application/request, when the employer submits it, must be accompanied by a number of documents provided for by the Order, e.g. an affidavit of the employer, also annexed as official template to the Order, certifying that the applicant is the employer’s legal representative or, as case may be, is empowered by the employer, in case the necessary documents are sent by e-mail.

Within five days of receipt of the application and documents in accordance with the procedure laid down in the Order, the employer’s application shall be published on the website of the MLSS.

According to the Order, classification into a collective bargaining sector requested shall be covering for the period of validity of the collective bargaining agreement, i.e., from the date of registration of the request, and shall be automatically extended unless the employer concerned requests otherwise.

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