Employment Flash No. 22/2020 – Latest news in the labor law field

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10.11.2020 – The Government Emergency Ordinance no. 192/05.11.2020 on amending and completing the Law no. 55/2020 regarding some measures for the prevention and combating the COVID-19 pandemic, as well as on amending letter a) an art. 7 of Law no. 81/2018 regarding the teleworking activity has been published within the Official Gazette no. 1042 dated November 6, 2020.

This normative act establishes the following amendments on the applicable measures, relevant form an employment perspective:

(a) the obligation to wear a protective mask in public spaces, commercial spaces, means of public transport and at the workplace;

(b) During the state of alert, employers establish work at home or telework, where the nature of the activity allows, in compliance with the provisions of the Labor Code and those of Law no. 81/2018 on the regulation of telework activity.

(c) During the state of alert, employers with more than 50 employees organize the working schedule so that employees are divided into groups, starting or ending work at least one hour apart.

As an amendment to the Law no. 81/2018 regarding the teleworking activity, it is established that, although the employer has the obligation to provide the means of information and communication technology and/or secure work equipment necessary for the performance of telework, the parties may also conclude a written agreement establishing that the employee will use his/her own means, including the conditions of use.

The Government Decision no. 935/05.11.2020 on amending and completing the annexes no. 2 and 3 to the Government Decision no. 856/2020on the prolongation of the state of alert on Romanian territory has been published within the Official Gazette no. 1042 dated November 6, 2020.

The main provisions of interest established by means if this normative act are the following:

(d) The employer with at more than 50 employees obligation to organize the activity under teleworking / work from home regime, in compliance with the law.

Where the nature of activity does not allow for telework/work from home organization, employers have to organize the working schedule so as the employees are divided into at least two groups starting and, respectively, finishing the activity at a difference of at least 1 hour.

(e) In all local areas, circulation outside the domicile is prohibited between 23.00-5.00, a number of exceptions being applicable, including circulation for professional/work interest, between the home/household and the workplace(s) and back.

In order to justify the reason of circulation in the case specified above, the persons in question are obliged to present, at the request of the competent authorities, the job/service card or the certificate issued by the employer or an affidavit (the authorities have also published templates in this regard).

The Romanian version of this newsletter is available here.

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