Amendments to the Labour Code

Law no. 275/2022 (“Law 275/2022”) repealing the Government Emergency Ordinance no. 37/2021 amending and supplementing Law no. 53/2003 - Labour Code (“GEO 37/2021”) was published in the Romanian Official Gazette no. 961 dated 3 October 2022, and entered into force on 6 October 2022.

GEO 37/2021 established the following special rules applicable to companies with up to 9 employees and an annual net turnover or having total assets of up to EUR 2 million, in RON equivalent:

• Drafting the internal regulation is optional;
  
  
• Drafting the job descriptions is optional, the job duties being verbally communicated to the employees and, only upon their request, in writing;
  
  
• The means of keeping records of the hours worked can be mutually established between the parties.

From the date of entry into force of Law 275/2022, the provisions of GEO 37/2021 are no longer applicable. Thus, all companies, irrespective of the number of employees and turnover rate, will have the obligation to draft the internal regulation, job descriptions and hold the records of the hours worked, in accordance with the general rules provided by the Labor Code.

For more information, please contact Băncilă, Diaconu și Asociații SPRL team.