Probation period for new employees could increase

The draft amendment to the labour code has been published on the website of the Ministry of Labour and is in public debate.

Among the amendments, it is intended that in 2011 the employment record should be terminated, after which labour records would be made electronically, via the general register of employees.

Also, the employment records and the payrolls will be sent online only, the Ministry of Labour informs.

Two new provisions added to the draft offer the employer the right to reduce the working hours from five to four days per week if business activity is temporarily reduced for a period that exceeds 30 days. If the interruption takes less than 15 days, the employer can grant unpaid leave for that period.

Another change consists in the increase of the minimum period of time that a fixed-term contract can be signed on.

Thus, they will be made on a minimum period of 3 years, compared to 2 years as provided by the current legislation.

The resignation notice was also amended. The employer will have to give a 20 day notice, 5 days more than the current provided period of time if he has an executive job and minimum 45 days for the employees in management.

Overtime will be compensated through free paid hours in the next 60 days, and the night workers will receive a salary increase of minimum 15% of the basic wage for each hour worked.

The amount of additional benefits in cash or the possibilities of additional benefits in nature will be specified in the individual employment contract.

The period during which the employer has to ensure uninterrupted annual leave, for the situations when the leave is scheduled fractionally, will be reduced from 15 to 10 days.

To verify on a new employee, the employer would have 45 days instead of 30. Also, for a more thorough check, they can ask for information on the newcomer, from former employers.

Translated by: Manuela Stancu
MA Student, MTTLC, Bucharest University