The Romanian Labour Code was modified

Law no. 213/2020 modified the Romanian Labour Code by including professional third parties in the development of the labour relationship. Specialists in labour law and human resources can now assist both the employer and the employee during the individual negotiation, can be designated to conduct disciplinary inquiries on behalf of the employer and can act as a mediator in case of individual conflict.

In order to assist both very small employers and big companies in having on time and correct recordings of their documents in the general registry for employees, the new legal provisions state that the employer can use external human resources specialists. Both the employer and the employee can be assisted by a third party specialist during individual negotiation when conducting or modifying an individual employment agreement in order to facilitate the process. Also, in an effort to reduce the number of court cases initiated by individual employees the new law introduces for the first time as an alternative solution to solving individual employment conflicts the mediation through a third party that acts independently. The mediator has to be a specialist that has extensive experience in labour law (such as a lawyer). A mediation clause should be included in the individual employment agreement and the procedural aspects regarding the mediation process has to be included in the internal regulations of the employer. The employer can also designate a third party specialist to conduct the disciplinary inquiries.

For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu & Asociatii at magdavolonciu@volonciu.ro or visit www.volonciu.ro.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.