Labour Law Newsletter No. 1/2013

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Legislation

News on the amount of the minimum monthly gross base salary

Government Decision no. 23/2013 on the establishment of the minimum gross base salary guaranteed for payment at national level has been published within the Official Gazette no. 52/2013 dated January 23, 2013.

According to the new legal provisions, the amount of the minimum gross base salary for an average full time working schedule of 168, 667 hours/month will be successively increased during the year 2013, as follows:

  • starting February 1st, 2013, the minimum monthly gross base salary will amount RON 750 (approx. EUR 175).
  • starting July 1st, 2013, the minimum monthly gross base salary will be increased to RON 800 (approx. EUR 185).

News on the equal treatment between women and men

Government Emergency Ordinance no. 83/2012 for the amendment of Law no. 202/2002 regarding the equal chances and treatment between women and men has been published within the Official Gazette no. 839 dated December 13, 2012.

The new legal provisions set forth higher sanctions in case the employer violates its specific obligations regarding the equal chances and treatment between women and men at work, the administrative fines ranging from RON 3,000 (approx. EUR 700) up to RON 100,000 (approx. EUR 23,000).

According to the new regulation, the sphere of discrimination based on sex also includes, in addition to direct/indirect discrimination and harassment/sexual harassment, any less favourable treatment caused by the refusal of such behaviour by the respective person.

Moreover, a less favourable treatment applied to an employee regarding the child care leave and paternal leave represents discrimination.

The new legal provisions also expressly provide, in addition to the existing prohibitions of dismissal (i.e., dismissing a pregnant employee, an employee on maternity leave and an employee on child care leave), the prohibition to dismiss the employee during the paternal leave. Upon the termination of such leaves, the employee has the right to be granted with the last work place or with an equivalent one and also with any improvements of the working conditions to which such would have been entitled during his absence.

In addition, the family statute or the marital statute shall not be grounds for discrimination.

According to the new regulation, any complaint regarding discrimination may be submitted to the competent authorities also after the termination of the relations during which such discrimination was allegedly committed.

News on the work performed in places under special/harmful conditions

  • Government Decision no. 1273/2012 for the prorogation of the deadlines set forth by art. 12 par. (1) and (2) of the Government Decision no. 1284/2011 setting forth the procedure of re-evaluation for the work places under special conditions has been published within the Official Gazette no. 881 dated December 22, 2012.

According to the new regulation, the employers can file a request on the re-evaluation of the work places under special conditions until July 1st, 2013.

  • Government Decision no. 1274/2012 for the amendment of Government Decision no. 246/2007 on the methodology for the renewal of the notice of framing in work places under harmful conditions has been published within the Official Gazette no. 882 dated December 22, 2012.

According to the new regulation, the methodology for the renewal of the certification corresponding to the work places under harmful conditions has been amended.

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