Labour Law Newsletter 2/2015
Legislation
News on legal holiday vouchers
Law no. 173/2015 approving the Government Ordinance no. 8/2014 for the amendment of certain terms provided by the Government Emergency Ordinance no. 8/2009 on granting holiday vouchers, was published within the Official Gazette no. 481, dated July 1st, 2015
The main amendments set forth by the new legal provisions are:
- the possibility of granting holiday bonuses only in the form of holiday vouchers to the employees within the public sector (this interdiction is not aimed at employers from the private sector);
- the possibility of granting holiday vouchers not only on paper, but on electronic support as well;
- specifications regarding the possibility for the employer to acquire these vouchers only from the issuing units authorized by the Ministry of Public Finances;
- amendments regarding the contravention system, establishing that (b) the commercialization of holiday vouchers by employees, employers, affiliated units and touristic reception structures and (c) the diminution of the nominal value of the holiday vouchers used by employees represents a contravention and is sanctioned with a fine ranging from 5,000 RON to 10,000 RON.
Moreover, Government Decision no. 614/2015 for the amendment and completion of Government Decision no. 215/2009 for the approval of the Guidelines for granting holiday vouchers was published within the Official Gazette no. 591, dated August 6, 2015, in order to coordinate the provisions of these Guidelines with the new provisions regarding the possibility of granting holiday vouchers on electronic support.
News on days off
Government Decision no. 576/2015 approving the Guidelines for applying the provisions of Law no. 91/2014 on granting one working day off per year for child health care was published within the Official Gazette no. 542, dated July 21, 2015.
According to the new provisions, in order to benefit of the day off for child health care, the parent or the legal representative of the child will address a request to the employer, enclosing a copy of the document attesting his/her quality of parent or legal representative of the child, as well as a declaration on his/her own risk stating that the other parent or legal representative of the child did not request nor will request the day off in the same year. The request will follow the template provided under Annex 1 of the act and will be submitted at least 15 days prior to the medical visit.
After the medical visit, the parent or the legal representative of the child will justify to the employer this day off by providing a certificate issued by the doctor, following the template provided under Annex 2 of the act, within 5 days after its issuance.
News on child raising leave and indemnity
Government Decision no. 685/2015 for the amendment and completion of the Guidelines regarding the application of the legal provisions implied by the Government Emergency Ordinance no. 111/2010 regarding the child raising leave and indemnity, was published within the Official Gazette no. 649, dated August 27, 2015.
The main amendments set forth by the new legal provisions are:
- in case the rights to child raising leave and indemnity are superposing, when establishing the level of the child raising indemnity, the income from the past 12 months prior to the day the last child was born will be taken into account;
- the possibility of granting child raising leave and indemnity to the persons who are concomitantly earning taxable income from multiple sources, only if the person in question provides documents proving that at least one of these activities was suspended;
- the possibility of earning taxable income during the period of time the person is on child raising leave and receives an allowance.
News on equality of chances and treatment between women and men
Law no. 229/2015 for the amendment and completion of Law no. 202/2002 regarding the equality of chances and treatment between women and men was published within the Official Gazette no. 749 from October 7, 2015.
According to the new legal provisions, when the employee comes back from the maternity leave, child raising leave (until the child reaches the age of 2 years or 3 years, in case the child has a disability), or paternity leave, the employee is entitled to a professional reintegration program. The duration of this program will be established within the internal regulation and must last at least 5 working days. Non-compliance with these provisions represents an administrative offence, and the labour inspectors could apply a fine ranging from 3.000 RON (approx. EUR 670) to 100.000 RON (approx. EUR 23,000).
Also, based on the new legal provisions a new authority was established –The National Agency for Equality of Chances between Women and Men (ANES), that will take over the Department for Equality of Chances between Women and Men established within the Ministry of Labour, Family, Elderly Persons and Social Protection. The Agency will focus on updating the national legislation to the European provisions in this respect and will ensure the active implementation of the gender perspective in national policies and programs. The National Committee in the Field of Equality of Chances between Women and Men (CONES) will continue its activity but under the supervision of ANES.
The new provisions are also adding a definition of the psychological harassment as being any unjustified behavior which takes place during a period of time, is repetitive or systematic and involves physical behavior, written or verbal language, gestures or any other intentional acts that may affect the personality, dignity, physical or psychological integrity of an individual.
