Fri | 21.05.2021
Gruia Dufaut Law Office informs over the most important legislative changes when it comes to employment.
The COVID-19 pandemic has accelerated digital transformation in several fields with a significant impact on the labor relations system. In this context, the legal rules applicable for teleworking or the use of electronic signature in employment context have recently been modified by Government Emergency Ordinance no. 36 and GEO no.37, published on May 6, 2021 in the Official Journal.
Here below there is a summary of the main changes:
1. Alteration of Law No. 81/2018 on telework
The Government Emergency Ordinance no. 36/2021 comes with amendments on the Law no. 81/2018 on teleworking on some important aspects:
2. Use of electronic signature in employment context
The Government Emergency Ordinance no. 36/2021 now provides for the possibility of using the electronic signature in employment context, under certain conditions, as follows:
The concepts of "advanced electronic signature" or "qualified electronic signature, accompanied by an electronic timestamp or a qualified electronic timestamp and the qualified electronic stamp of the employer" are those defined by EU Regulation n ° 910/2014.
The GEO no. 36/2021 also provides for the possibility for the employer to issue, in electronic form, the document proving that the instruction relating occupational safety, according to art 20 of Law no. 319 / 2016 has been carried out, if such a procedure is provided for by the employer's Internal Regulations.
The employer may cover the costs for acquiring electronic signatures by employees, necessary for the conclusion and signature of documents in the field of labor relations, occupational safety and health.
3. Facilities for microenterprises
The GEO no. 37/2021 provides certain facilities for the employers microenterprises as defined by Law no. 346 / 2004 (for the record qualify as microenterprises, companies with up to 9 employees and with a net annual turnover or with maximum total assets amounting to EUR 2,000,000 equivalent in RON).
Thus, the employer is free to convey the responsibilities orally to his employees. However, at the employee's request, the employer has the obligation to provide the job description in writing.
This matter should however be handled cautiously, because in the absence of Internal Regulations, the employer may find it impossible to dismiss an employee for serious disciplinary misconduct or professional inadequacy, given that the applicable procedure should be provided for in the Internal Regulations.
This article was provided by our Legal Partner, Gruia Dufaut Law Office.