Labour Law Newsletter 1/2015

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Legislation

News on salaries

Government Decision no. 1091/2014 on the establishment of the minimum gross base salary guaranteed for payment at national level was published within the Official Gazette no. 902 dated December 11, 2014.

According to these legal provisions, the amount of the minimum gross base salary for an average full time working schedule of 168,667 hours/month is successively increased during the year 2015.

Thus, after the increase to RON 975 that will occur on January 1st 2015, starting July 1st 2015, the minimum monthly gross base salary will be increased to RON 1050.

Consequently, for the daily workers, the minimum hourly value is of 5,781 RON/hour since January 1st 2015, and starting July 1st 2015 of 6,225 RON/hour.

News on meal ticket and crèche ticket

In the Official Gazette no. 845, dated November 20, 2014 the following normative acts were published:

  • Order no. 2.207/2014 issued by the Minister of Labour, Family and Social Protection setting forth the amount of the meal ticket for the second semester of 2014 as being 9,35 RON (identically with the previous regulation)
  • Order no. 2.208/2014 issued by the Minister of Labour, Family and Social Protection setting forth the amount of the monthly crèche ticket for the second semester of 2014 as being 440 RON (as opposed to 430 RON in the previous regulation)

News on legal holidays

Law no. 171/2014 who states that January 24 will be a legal holiday was published within The Official Gazette no. 922, dated December 18, 2014.

News regarding the employment policy

Government Decision no. 1.073/2014 for the amendment and completion of the Government Decision no. 377/2002 setting forth the Procedure on the access to the employment policy was published within the Official Gazette no. 908 dated December 15 2014.

According to the new legal provisions, employers who will hire unemployed persons who in maximum 5 years since hiring will be eligible for early or age retirement, will receive a subvention, as opposed to the previous regulation in which the period of time mentioned above was 3 years.

The same subvention will be received by:

  • employers who, based on the agreements with agencies for professional training and employment, will hire for indefinite period unemployed persons who are over 45 years old or who are the only support of their family, with the condition of maintaining the individual labour contract 18 month since its conclusion;
  • employers who, based on the agreements with agencies for professional training and employment, will hire for indefinite period handicapped persons, with the condition of maintaining the individual labour contract 2 years since its conclusion

In the previous legal provisions, the obligation of maintaining the individual labour contract was regulated for a period of 2 years in both of the situations described above.

News on medical leave

Order no. 1449 issued by the Minister of Health and by the president of the National Health Insurances Authority for the amendment and completion of the Regulation for applying Government Emergency Ordinance no. 158/2005 was published within the Official Gazette no. 890, dated December 8, 2014.

The order sets forth, among others, that the medical leave given for cardiovascular diseases will not diminish the medical leave given for other diseases.

Case-Law

Referral in the interests of the law granted by The Supreme Court of Justice regarding the notice period in case of dismissal

On December 8, 2014 The Supreme Court of Justice granted a Referral in the interests of the law regarding the notice period in case of dismissal in order to render unitary the case-law on this matter and stated that:

“For the interpretation and implementation of the art. 78 with reference to the art. 75 alin. (1) of the Labour Code, not granting the employee the minimum notice period established in art. 75 alin. (1) Labour Code, or, if these are more advantageous for the employee, in the collective labour agreements or the individual labour contract, will be sanctioned with absolute nullity of the dismissal measure and decision.

For the interpretation and implementation of the art. 76 lit. b) with reference to the art. 78 Labour Code, not mentioning the notice period in the dismissal decision will not be sanctioned with nullity if the employer will prove that he gave the employee the minimum notice period established in art. 75 alin. (1) Labour Code, or, if these are more advantageous for the employee, in the collective labour agreements or the individual labour contract.”

In conclusion, not mentioning the notice period in the dismissal decision will not be sanctioned with nullity if the employer proves that it granted the employee the minimum notice period.

The Decision no. 8/2014 will be mandatory after being published in the Official Gazette, which will happen after the judges will write and sign the grounds.

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