Press Release: Coronavirus in Romania - Key measures regarding the employees
by Catalina Nichita - Attorney at Law SCA Grecu si Asociatii, www.greculawyers.ro.
by Catalina Nichita - Attorney at Law SCA Grecu si Asociatii, www.greculawyers.ro.
In view of the current situation, the critical effects of spreading COVID 19 virus, require the implementation of several measures, in order to minimize the economic impact. At this point, the biggest economic blow is felt by small companies and subsequently the employees.
Regarding the critical situation, the companies received a series of recommendations from the Ministry of Labor and Social Protection in order to make labor relations more flexible:
1. Establishment of individualized work programs, with the agreement or at the request of the employee concerned, in accordance with the provisions of art. 118 of Law no. 53/2003-Labor Code, respecting the maximum legal duration of working time.
2. Temporary modification of the workplace at the employee's home, under the conditions provided by art. 108-110 of the Labor Code, unilaterally, in accordance with the provisions of art. 48 of the same normative act, or through the agreement of the parties.
3. Conducting the activity remotely, by concluding an additional act to the individual employment contract, under the conditions provided by Law no. 81/2018 regarding the regulation of remote activity, when fulfilling the specific duties of the position or occupation of the employee implies the use of information and communication technology.
In addition, starting with 17.03.2020 came into force the Law 19/2020 regarding the leave of one of the parents for the supervision of the children, in the situation of temporary closure of the educational units where they are enrolled. The normative act takes into account the situation decreed in the context of coronavirus.
In order to qualify for the leave, the parents must cumulatively fulfill the following conditions:
a) have children up to 12 years or have children with disabilities up to 18 years (enrolled in an educational unit);
b) the workplace does not allow work from home or remote.
Parents who are in the above situation have the right to paid leave during the entire period of suspension of the educational units.
The law stipulates that the allowance for each day off is 75% of the salary of a working day (we refer to the salary of the parent requesting the leave), but no more than the correspondent per day of 75% of the average gross wage in the country (in 2020 the average gross wage gain is 5,429 lei).
