In this issue:

• Amendments to the Labour Code  
  

Law no. 213/2020 amending and supplementing the Law no. 53/2003 – Labour Code was published in the Official Gazette no. 893 of 30 September 2020 and entered into force on 3 October 2020.

The following is a summary of the main legislative changes:

Regulating conciliation as a way to settle individual labour disputes

The new amendments establish the possibility that, in the event of individual labour disputes, these can be settled amicably by conciliation.

Conciliation is defined as a way of amicable settlement of individual labour disputes with the assistance of an external consultant specialized in labour law. This consultant may be a lawyer, an expert in labour law or, as the case may, a mediator specialized in labour law.

The parties will choose the external consultant, and the fees thereof will be borne in accordance with their agreement.

If during conciliation, the parties reach an agreement, the external consultant shall draw up an agreement containing the understanding of the parties and the manner in which the conflict is settled.

The procedure for amicable settlement of individual labour disputes must also be included in the applicable Internal Regulation.

Resorting to an external consultant specialized in labour legislation during disciplinary investigations

According to the new amendments, the employer can resort to the services of an external consultant specialized in labour law to carry out disciplinary investigations.

Also, during disciplinary investigations, even the employee may choose to be assisted by an external consultant specialized in labour law.

Other procedures in which the services of an external consultant can be resorted to

During negotiation, conclusion or amending of the individual employment contract, either party may be assisted by an external consultant specialized in labour law.

Additionally, in organizing the HR and payroll activity, employers can resort to services specialized in HR and payroll, which will be coordinated by an expert in labour legislation.

For more information, please contact Radu și Asociații SPRL team.

Prepared by:
Ana Flueran – Senior Associate, Radu și Asociații SPRL

For additional information, please contact:
Radu Diaconu – Associate Partner, Radu și Asociații SPRL
Anca Atanasiu – Managing Associate, Radu și Asociații SPRL