NNDKP Employment Flash No.2/2024 – Latest news in the labor law field
The method for calculating the prior notice period, as interpreted by the High Court of Cassation and Justice
Decision no. 8/2024 regarding the Appeal in the Interest of the Law, which sets forth the day from which the prior notice period starts to run and the day on which it ends was issued on May 20th, 2024.
The High Court of Cassation and Justice admitted the Appeal in the Interest of the Law filed by the Ombudsman and determined that the notice period starts to run from the day following the one in which the notice was communicated and elapses on the last day of the period.
According to the Labor Code, individuals dismissed under Article 61 letters c) and d), Articles 65 and 66 are entitled to a notice period of at least 20 working days.
The decision will be published in the Official Gazette, becoming binding as of that moment.
Law amending the Labor Code awaiting promulgation
The Draft Law amending Article 128 paragraph (2) of the Labor Code has been adopted by the Chamber of Deputies, being currently sent for promulgation to the President of Romania.
Thus, in addition to pregnant women, women who have recently given birth, and women who are breastfeeding, individuals who are single parents cannot be obliged to perform night work.
Note that work performed between 10:00 PM and 6:00 AM is considered night work.
The night worker represents, as applicable:
a) the employee who performs night work for at least 3 hours during his/her daily working time;
b) the employee who performs night work for at least 30% of his/her monthly working time.
According to the Labor Code, violations of the legal provisions regarding night work are sanctioned with fines ranging from RON 1,500 to RON 3,000.
The new provisions will come into force after their publication in the Official Gazette.
The Romanian version of this newsletter is available here.
