Employment Flash News No. 5/2014

Legislation

News on days off

Law no. 91/2014 on granting one working day off per year for child health care was published within the Official Gazette no. 496 dated July 3, 2014.

According to the new legal provisions employers shall be obliged to grant the employees with one working day off per year for child health care, following the request of either one of the parents, by choice, or following the request of the child’s legal representative. The requests must be justified by supporting documents issued by the family doctor, indicating the medical examinations performed.

As regards the families or persons having 2 children, such shall also be granted with one working day off per year, while the families or persons having 3 or more children shall be granted with two working days off per year for child health care, consecutive or separate, depending on the employer’s decision.

To the extent that neither of the parents, nor the legal representative of the child do not request the working day off, such shall not be carried over into the next calendar year.

If more than one request were simultaneously submitted by employees for being granted with the day off, exceeding thus 5% of the total number of employees, the employer shall schedule the working days off by rotation, in order not to affect its activity.

According to the legal provisions, the employer shall not be obliged to pay the employee’s day off.

Failure to comply with the legal provisions regulated by this Law represents an administrative offense and is sanctioned with a fine ranging from RON 500 (approx. EUR 110) to RON 1500 (approx. EUR 330).

News on granting holidays vouchers

Law no. 94/2014 on the approval of the Government Emergency Ordinance no. 8/2009 on granting holidays tickets has been published within the Official Gazette no. 496 dated July 3, 2014.

The new legal provisions introduced a series of amendments, the most important being the following:

  • holidays vouchers are issued by the National Authority for Tourism and only within an online system;
  • the provisions related to employers’ possibility to grant holidays vouchers only if during the previous fiscal year they registered profit or income, as the case may be, were repealed;
  • employees receiving such holidays vouchers will no longer be entitled to holiday bonus nor to rest tickets, which could be granted under Law no. 263/2010 on the unified public pension system;
  • vouchers shall be valid only until 31 December of the year during which such were issued

Similar to the previous regulations, employees shall be entitled to holidays vouchers amounting up to six minimum gross base salaries (currently, amounting RON 5,400, meaning approx. EUR 1,250), during one fiscal year.

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