As part of the activity of our law firm, legal consultancy in various areas of civil law is essential. Legal consultancy in the area of labor law is also included in this category. Our team of lawyers has represented the parties involved in labor disputes over time, but the most important thing is that they have approached the issue of labor relations from a preventive perspective.
For this reason, our lawyers specialized in labor law consider it opportune to report some important aspects for companies and their employees.
It is important to remember that the Romanian law, respectively the Labor Code obliges the employer to inform the employee about the essential conditions of employment, before concluding the individual employment contract or at the latest on the date of its signing. The same condition of information must be respected in the situation where the individual employment contract is amended. In other words, the proof of information can also be made by the employee signing the individual employment contract or the additional amending act, in the situation where there is an ongoing employment contract. The problems that may arise in connection with not informing the employee are related to the situation in which the information is not done in a separate way, but should be ratified by signing the individual employment contract/additional act to the CIM. Our team of lawyers, through the rich experience gained during the years of practice, recommends employers, as well as employees, to take into account the aspects related to information and to ensure that the law is applied in order to avoid any conflicts that may arise in the future defend the negotiated working conditions.
For your information, below are the conditions stipulated by the Labor Code regarding the obligation of prior information of the employee in order to conclude the individual employment contract or the additional act to it:
a) the identity of the parties;
b) the place of work or, in the absence of a fixed place of work, the possibility for the employee to carry out his activity in different places of work, as well as if the movement between them is ensured or settled by the employer, as the case may be; (Note: amendment introduced in October 2022 by Law 283/2022)
c) the headquarters or, as the case may be, the domicile of the employer;
d) the function/occupation according to the specification of the Classification of Occupations in Romania or other normative acts, as well as the job description, specifying the attributions of the position;
e) the criteria for evaluating the professional activity of the employee applicable at the level of the employer;
f) job-specific risks;
g) the date from which the contract is to produce its effects;
h) in the case of a fixed-term employment contract or a temporary employment contract, their duration;
i) the duration of the vacation to which the employee is entitled;
j) the conditions for granting notice by the contracting parties and its duration;
k) the basic salary, other constituent elements of salary income, highlighted separately, the periodicity of salary payment to which the employee is entitled and the method of payment; (Note: amendment introduced in October 2022 by Law 283/2022)
l) the normal duration of work, expressed in hours/day and/or hours/week, the conditions for performing and compensating or paying overtime, as well as, if applicable, the methods of organizing work in shifts; (Note: amendment introduced in October 2022 by Law 283/2022)
m) indication of the collective labor contract that regulates the working conditions of the employee;
n) the duration and conditions of the trial period, if any. (Note: amendment introduced in October 2022 by Law 283/2022)
o) the procedures regarding the use of the electronic signature, the advanced electronic signature and the qualified electronic signature.
p) the right and conditions regarding professional training offered by the employer; (Note: amendment introduced in October 2022 by Law 283/2022)
q) the employer’s bearing of private medical insurance, additional contributions to the employee’s optional pension or occupational pension, under the law, as well as the granting, at the employer’s initiative, of any other rights, when they constitute advantages in money granted or paid by the employer to the employee as a result of his professional activity, as the case may be. (Note: amendment introduced in October 2022 by Law 283/2022).
The elements contained in the information must also be found in the content of the individual employment contract. I make an exception for the information provided in letter m), o) and p).
Regarding the information provided, prior to the conclusion of the individual employment contract or during its execution, including during the conciliation, a confidentiality agreement may be entered into between the parties.