Labour Law Newsletter No. 2/2012
News on the health and safety of employees
Government Decision no. 1/2012 concerning the modification and amendment of Government Decision no. 1218/2006 regarding the establishment of the minimum health and safety requirements for the protection of workers against the risks related to the presence in the work place of chemical agents, as well as the amendment of Government Decision no. 1093/2006 regarding the establishment of the minimum health and safety requirements for the protection of workers against the risks related to the exposure to carcinogenic or mutating substances and of Government Decision no. 355/2007 regarding the supervision and protection of the workers’ health has been published in the Official Gazette no. 44 dated January 19th 2012.
The newly enacted legislation provides for additional obligations incumbent upon the employer with respect to ensuring the protection of its workers against the risks related to the exposure to chemical, carcinogenic or mutating substances in the work place, such as the observance of certain maximum quantitative thresholds in the production process as well certain registration formalities.
News concerning the child raise leave and afferent indemnities
- modification of the Methodological Norms to Government Emergency Ordinance no. 111/2010 concerning the child raise leave and the afferent indemnity as well as of other legislative acts
Government Decision no. 57/2012 concerning the modification and amendment of the Methodological Norms to Law no. 416/2001 regarding the minimum guaranteed wage, approved by Government Decision no. 50/2011, of the Methodological Norms to Government Emergency Ordinance no. 111/2010 regarding child raise leaves and indemnities, approved through Government Decision no. 52/2011, and of the Methodological Norms to Law no. 277/2010 regarding the family support allowance, approved by Government Decision no. 38/2011 has been published in the Official Gazette no. 82 dated February 1st 2012.
The legislative modifications to the Methodological Norms provided above reflect the changes introduced by Government Emergency Ordinance no. 124/2011, amongst which the following should be mentioned:
- as of March 1st 2012, for the children born starting with such date, if both parents are entitled to benefit from the provisions of G.E.O. no. 111/2010, the child raise leave until the age of one year old, respectively three years old (in case of a disabled child), shall be granted under certain conditions – i.e. the parent which did not request the child raise leave shall be obliged to take at least one month from the total period of the child raise leave to help raise the child; if such parent does not request such leave, the other parent may not benefit from this one month period, which shall be deducted from the total period of the child raise leave;
- the legislative act provides and details the conditions under which the parents of a disabled child (who has reached the age of three years old) may benefit from an additional leave until the child reaches the age of 7 years old;
- if one of the parents is on maternity leave, as provided by G.O. 158/2005, as subsequently modified, the child raise leave and afferent indemnities may be provided only following the completion of the maternity leave, but in no case sooner than the 43rd day following the birth of the child.
- modification of the necessary documents required to employees in order for them to benefit from the child raise leave and afferent indemnity as well as of other social benefits
Government Decision no. 225/2012 for the modification of Annexes 1 and 2 of the Methodological Norms to Law no. 416/2001 regarding the minimum guaranteed wage, approved by Government Decision no. 50/2011, of Annexes 1 and 2 of the Methodological Norms to Law no. 277/2010 regarding the family support allowance, approved by Government Decision no. 38/2011 and of Annex 1 of the Methodological Norms to Government Emergency Ordinance no. 111/2010 regarding child raise leaves and indemnities, approved through Government Decision no. 52/2011 has been published in the Official Gazette no. 217, dated April 2nd, 2012.
The Government Decision modifies certain aspects related to the content and form of the documents which must be submitted by individuals in order to benefit from the rights provided within the above mentioned legislative acts (i.e. child raise leave and the afferent indemnity, the family support allowance and of the minimum guaranteed wage).
News on the Classification of Occupations in Romania (COR)
Ministry Order no. 177/2012 for the amendment and completion of the Classification of Occupations in Romania – level of occupation (6 characters) approved through Joint Order no. 1832/856/2011 of the Ministry of Labour, Family and Social Protection and of the president of the National Institute of Statistics has been published in Official Gazette no. 128 dated February 22nd 2012.
The newly enacted order introduces several new occupations within the COR as well as modifies and eliminates certain occupations.
News on the legislation concerning labour inspection
Law no. 51/2012 for the modification and amendment of Law no. 108/1999 regarding the establishment and functioning of the Labour Inspection Authority has been published in the Official Gazette no. 182 dated March 21st 2012.
Amongst the most important modifications brought to the labour inspection legislation, the following are worth mentioning:
- the newly enacted legislation has revamped the general attributions and functions of the labour inspection authorities;
- pursuant to Law no. 51/2012 the state general labour inspector and its deputies have competence over the entire country in what concerns labour inspection;
- the obligation of confidentiality incumbent upon labour inspectors following the termination of their employment contracts with respect to the production secrets they encounter has been limited to at most 2 years;
- the appeals against the minutes concluded by the labour inspectors shall be resolved in compliance with the provisions currently regulating administrative disputes (i.e. Law no. 554/2004, as subsequently modified), whereas the appeals against the minutes concluded by the labour inspectors by which sanctions have been applied shall be resolved on the basis of the legal provisions regulating administrative offences (i.e. Government Decision no. 2/2001, as subsequently modified).
- regardless of the place they usually perform their activity, the labour inspectors have a general territorial competence with respect to labour inspection activities, on the basis of a decision issued by the state general labour inspector;
- the newly enacted legislation has modified the administrative fines which may be applied by the labour inspectors (i.e. between RON 5,000 and RON 10,000) as well as the situations which constitute administrative offence.
As a result of such modifications, Law No. 108/1999 has been republished in the Official Gazette no. 290 dated May 3rd, 2012.
