Important changes regarding parental leave, the new individual labor agreement draft and the minimum gross wage per economy - Your strategic HR partner - Smartree
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Important changes regarding parental leave, the new individual labor agreement draft and the minimum gross wage per economy

Important changes regarding labor relations took place this month. There are three main topics of high importance for you as the changes regarding leave and monthly allowance for raising children, the new individual labor agreement draft and the increase of the minimum gross wage per economy from January 1, 2023.

Emergency ordinance no. 164/2022 for the amendment and completion of the Government Emergency Ordinance no. 111/2010 regarding leave and monthly allowance for raising children

This GEO, published in the Official Gazette, Part I no. 1173 of December 7, 2022, transposes Directive (EU) 2019/1.158 of the European Parliament and of the Council of 20 June 2019 on the balance between the professional and private life of parents and carers (“WorkLife Balance” Directive).

The changes and additions introduced by the new GEO focus on the following aspects:

– extending the non-transferable period of parental leave in the case of the parent who did not initially request this right (“father’s month”), from at least 1 month to at least 2 months of the total leave period, if both parents meet the legal conditions;

– the express provision of the possibility of granting parental leave (and the related allowance) or, as the case may be, the insertion incentive, whenever the entitled person requests, if he meets the legal conditions at that time;

– increasing the level of income subject to tax that the parent on parental leave can make in a calendar year to 8 minimum allowances, according to the law (previously the limit was 5 minimum allowances);

– taking into account the accommodation leave period and the allowance corresponding to it as an assimilated period for establishing the fulfillment of the conditions provided by law for obtaining child-rearing leave and the related allowance;

– clarification of some situations of recalculation of the child-rearing allowance, until the child reaches the age of 2 years or, as the case may be, 3 years in the case of a child with a disability, in situations of rectification / recalculation of income, ascertained by court decision or other specific act;

– the provision of a period of 10 days before the completion of maternity leave or, as the case may be, before the estimated date for entering child-rearing leave, in which the employee must notify the employer of the intention to exercise this right, as well as of expected leave period (employee submitting a written or electronic request in this regard);

the obligation of the employee to notify, in writing, the employer at least 30 days in advance of the intention to resume the work or service relationship;

– the obligation to maintain, until the end of the parental leave, the employment conditions and salary rights had at the beginning of the leave or acquired along the way;

– the employee’s right to benefit, upon returning from parental leave, of working conditions that are no less favorable, as well as any improvements to which he would have been entitled in the meantime;

– addressing the situations in which the parent earns income both from the country and from abroad, regarding the calculation of these amounts for the establishment of the right to leave and the allowance for raising a child

– the addition of 50% of the child-rearing allowance in the case of children born from twin, triplet or multiple pregnancies, starting with the second child, as well as in the case of overlapping pregnancies (i.e., mothers who give birth during child-rearing leave) and establishing a minimum amount of these supplements;

– the suspension or termination of the payment of the child-rearing allowance if the disability classification certificate expires during the period of the child-rearing leave;

the possibility for the monthly allowance to be pursued and enforced regardless of the nature of the debts owed by the debtor, within the limits provided by the legal framework in the matter.

Within 60 days from the date of entry into force of this GEO, the Methodological Norms for the application of the law on leave and childcare allowance will be updated accordingly.

This GEO will enter into force from the moment of the entry into force of the government decision that will update the Methodological Norms in the field, but certain exceptions expressly provided for by the new GEO will also be applicable.

Order no. 2171/2022 for the approval of the framework model of the individual employment contract, effective from 09 December 2022

This Order, published in the Official Gazette, Part I no. 1180 of December 9, 2022, establishes the official model for the individual employment contract, updated based on the most recent legislative changes in the field of labor law, mainly those contained in Law no. 283/2022.

Among the main changes and points of interest regarding the content to be reflected in individual work contacts, we mention the following aspects touched by the new Order:

– provision of the conditions of the trial period, if any;

– the provision of additional benefits in money and the insurance/payment of transport by the employer, as the case may be, for situations where the activity is carried out without a fixed workplace (e.g., on the ground, at the customer’s headquarters, within a group of units, in a certain geographical area, etc.);

– specification of the distribution of the work schedule by days and between certain hours or, as the case may be, the method of distribution of the uneven/ shifted/ flexible/ individualized work schedule, etc.;

– the express specification of the conditions for performing and compensating additional work;

– the procedure regarding the use of electronic signature, advanced electronic signature and qualified electronic signature (although the law expressly exempts this element from being mentioned in the minimum mandatory content of the individual employment contract);

– other constituent elements of the salary (highlighted separately, in a formula similar to the previous model) and the salary payment method;

– the right and conditions regarding the professional training offered by the employer (although the law expressly exempts this element from being mentioned in the minimum mandatory content of the individual employment contract);

– certain additions to the sections on the rights and obligations of the employee and the employer, as appropriate, including:

• provision of the employer’s right to cover private medical insurance, additional contributions to the employee’s optional pension or occupational pension, under the law, as the case may be;

• provision of the employer’s right to grant any other rights established as a result of the employee’s professional activity;

– the level at which the applicable collective labor agreement was concluded (e.g. units/group of units/sector of activity).

We are attaching the individual employment contract model – Annex 1 (in Romanian language) from Smart Update December No.1 below. 

Decision no. 1447/2022 for establishing the gross minimum basic salary per country guaranteed in payment

This Government Decision, published in the Official Gazette, Part I no. 1186 of December 9, 2022, establishes that, from January 1, 2023, the gross minimum basic salary per country guaranteed in payment, without including increments and other additions, will be 3,000 RON per month (approx. EUR 600), for a normal program average working hours of 165,333 hours per month, representing 18,145 lei/hour (approx. EUR 3,629/hour).

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