As of 07.17.2015 the amendments in the Labor Code have been in force. They affect some of the most important issues in labor legislation subject to numerous discussions and disputes.
Here are the most significant amendments:
Employment contract for short-term seasonal agricultural work:
A new Art. 114a has been created regulating the employment contract for short-term seasonal agricultural work. The contract could be concluded for a single day between employee and registered farmer, however the hours of work could not be qualified as working experience. Such contracts could be signed for up to 90 days in a calendar year per employee. The Labor Code governs the content of the contract and its requisites. One of the most important distinction is that the employer should pay the remuneration to the employee personally against a receipt at the end of the working day. Such contracts should be registered and reported to the Labor Inspectorate.
Labor file of the employee:
A new Art. 128b has been created, which sets employer the obligation to create and keep a labor file of the employee. Labor file should be created when the employee starts new job and should contain the documents relating to the formation, existence, modification and termination of the labor contract.
Working hours:
Art. 139 of the Labor Code, which governs the distribution of working time, is supplemented with Para. 3, which enables the employee who works in terms of flexible working hours to work off the not-worked daily hours in next day or in other days of the working week. Therefore, working hours of the days of the week can be with a different duration, but the important issue is that the total working time for the working week could be up to 40 hours (5 days x 8 hours).
Use and postponement of paid annual leave:
The most significant change is the elimination of the employer's obligation to prepare a list for the use of paid annual leave. In case the paid annual leave is not used till the end of the year the employer is obliged to ensure its use within the first six months of the next calendar year.
Additional leave to care for a child up to 2 years of age:
After using the leave for pregnancy, childbirth or adoption, and in case the child is not attending kinder garden, the employee would be entitled to use additional leave for children care until the age of 2 of the child.
Two new grounds for termination of employment:
The employer will now be able to terminate employment contracts with one month's notice, when employees become entitled to pension on ground of age and internship. Without notice, the employees will be able to terminate their employment relationship with the employer on the same basis.