EXCLUSIVE: Amended Romanian Labor Code Requires Earlier Notice Of Resignation

Employees have to give at least 20 business days prior notice when resigning, or 45 days if they hold a management position, says the draft act amending Romania's Labor Code, obtained by MEDIAFAX.

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The amendment extends the requirement to 20 days from 15 in the case of ordinary employees, and to 45 days from 30 in the case of the management. The document also requires employers to commit the employee's resignation to record; refusal to do so allows the employee to prove they quit through any other means.

The draft clearly states that an individual work contract can be suspended for taking part in a strike. The provision whereby the contract can be suspended by the employer as disciplinary action has been repealed. The employer can also suspend an individual work contract during intervals of reduced activity, as well as for the duration of the suspension of the necessary authorizations or certificates.

Employers will be able to lower working hours to 4 days per week, matched by an appropriate reduction in salaries, during periods of reduced activity longer than 30 days, caused by economic, technological, structural or similar factors, until the situation is resolved. If, for objective reasons, it becomes necessary to reduce or temporarily cease activity, the company may put its employees on unpaid leave, with the prior notice of the local union.

Collective layoffs will be done according to the employees' performance and employers will no longer have to wait nine months before hiring new people to replace those who have been laid off.

An employee that has come under disciplinary inquiry or criminal investigation for acts incompatible with their position, having been suspended for the duration of the proceedings and proven innocent, shall be reimbursed their salary and other rights of which they were deprived while the contract was suspended.

Employees cannot be fired while on paternal leave.

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