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Latest modifications to Romanian Labor Code, as of 3 October 2020

We present below the latest modifications to Romanian Labor Code, which entered into force on October 3, 2020, as established through Law no. 213/2020.

Thus, the most important changes implemented through the newly published law concern the following:

1. The new amendments regulate the role of external consultant specialized in labor law

Thus, according to the latest amendments, the external consultant may have as main attributions the following:

  • amicable settlement of individual labor disputes in the conciliation procedure between the employer and employees,
  • conducting disciplinary research of the employees, based on the powers delegated by the employer,
  • assisting the employer or, as the case may be, the employee in the negotiation, conclusion or modification of the individual employment contract, during the preliminary disciplinary investigation or during the conciliation of an individual labor dispute.

2. Regulation of the conciliation procedure between the employer and employees

Conflicts with employees can be resolved through the conciliation procedure as a possibility of amicable settlement of individual labor disputes. Therefore, the parties involved will be able to resort to conciliation as a way of resolving the misunderstanding, resolving the employment dispute even before appealing to the court. The conciliator can be an external consultant, specialized in labor law.

3. Company provisions on the amicable settlement procedure

Introduction of the obligation for employers to include in the company’s internal regulation provisions on the amicable settlement of employment disputes.

4. Regulation of the conclusion of a confidentiality agreement

The possibility for employers and employees to conclude a confidentiality agreement has been expressly regulated. It may aim at the information provided during the performance of the individual employment contract, as well as during the conciliation between the parties.

Recommendations as a result of these modifications to Romanian Labor Code

In view of the above, the concrete measures that the employers can take as a result of the latest amendments to the Labor Code are the following:

  • amending the company’s internal regulation, to include rules on the amicable settlement of individual labor disputes – with special attention to the above-mentioned provisions relating to the procedure for conciliating the parties to the individual employment contract;
  • examining the possibility of introducing in the employment contract clauses on the possibility of resolving individual labor disputes through conciliation.

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