LEGISLATIVE ASPECTS THAT AFFECT THE LABOR CODE IN 2020
LEGISLATIVE ASPECTS THAT AFFECT THE LABOR CODE IN 2020

Summary/Abstract: Regulation of days off for employees belonging to another religious cult, some measures to prevent and combat the effects of the COVID-19 pandemic,, support measures for employees and employers, reduction of working time, granting allowances and telework increased fines for additional work and regulation more Precise discrimination are legislative aspects that affect the Labor Code in 2020. The amendment to the Labor Code requires the introduction of alternative forms of flexibility at work, to allow employees to achieve a better balance between family life and work and also, in the context of the current pandemic, to protect their health and family. Among these new forms of work are proposed the bank of working hours, compressed working week, work on duty or on a permanent basis, sharing the work schedule, The Labor Code has not been amended since its inception in 2003 in regarding the flexible working solutions they regulate, although market conditions even required additional effects of the pandemic The current economic context influenced by the exceptional measures adopted in Romania determined by the Covid-19 pandemic requires that labor legislation become more flexible, especially in terms of flexi-labor solutions. Also, both the business environment and the employees have been asking for years for the relaxation of work programs, so as to give them greater flexibility. ”According to them, the relaunch of the Romanian economy can be done only in the conditions in which they will be implemented. Real measures to adapt and make the labor market more flexible, so that in the current context dominated by the effects of the pandemic, employees can achieve a real balance between family life and work. These changes were inspired by the German model, called the Kurzarbeit program, flexible work programs The employer and the employee establish by contract the duration of working time, expressed as the total number of hours to be provided by the employee in a month. Depending on the total duration of the employee's working time, it will be determined whether the employee works full time or part time. The daily duration of working time is agreed by the employer and the employee at the beginning of each month or at the beginning of each week, so that at the end of the month the cumulative number of hours is equal to the number agreed in the working hours bank. The average working hours may not exceed 40 hours per week, and the employer and the employee may agree that the working hours be provided at the employer's premises, at the employee's home or in another place than the work organized by the employer, using information and communication technology. Compressed working week The employer and the employee establish by the employment contract the distribution of the work schedule, so that from the compression of the working days to the employee results a day of weekly rest, related to the agreed working time. Work on call ("on call") Work on duty is performed by the employee, usually in shifts, the employee can work at the employer's premises, at the premises of a third party, at home or elsewhere than workplace organized by the employer, using information and communication technology. During the entire period of on-call work, the employee will be available to the employer, who will always have the opportunity to call the employee to work or to a third party, to provide work based on intervention, or to request the provision of work by means of communication at a distance, at any time from the type of work performed on duty. Permanent work The employer and the employee establish through the employment contract the distribution of the work schedule, in long shifts of two or three weeks, in which the employees could not leave the perimeter of the employer's workplace, being provided with food and accommodation. For employees who work permanently, the employer will provide in the perimeter of the employer's workplace adequate food, accommodation and recreation, so that during permanent work employees do not travel home, but remain in this perimeter. Given the restrictions applied to employees regarding the development of daily rest time and weekly rest in the perimeter of the workplace, employees will benefit from a salary increase, isolation increase, established by the collective labor contract or, as the case may be, by the individual contract for work.

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