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Category: Employment and Labour Law

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Days of May 31, 2015 and June 1, 2015 – statutory holidays. What rights do employees have in these days?

However, the Labor Code provides exceptions for certain categories of employees who do not benefit from the legal holidays in which they do not work, respectively in the workplaces in which the work cannot be interrupted due to the nature of the production process or specific activity. Also, the Labor Code mentions that, by Government […]

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The Constitutional Court ruled that the employer cannot suspend the contract of the employee, in case of filleing against him a criminal complaint

Regarding this exception of unconstitutionality, the Constitutional Court decided on admission of it and found that the provisions of art. 52 paragraph (1) letter b) first sentence of Law 53/2003 – Labor Code are unconstitutional. According to the existing provisions of the Labor Code, the suspension of the individual labor contract can occur de iure, […]

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Failure by employers to fulfill the legal norms on safety and health at work is sanctioned with fines of up to 10,000 lei

Also, the employer is obliged to organize the training of its employees in the sector of health and safety at work, periodically, and necessarily in the case of new employees, those who change their job or type of work and those who resume their activity after an interruption of more than 6 months. Also, the […]

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The High Court of Cassation and Justice decided: dismissal is canceled if the employer has not given notice to the employee

Also, “the lack of mentioning in the decision to dismiss of the mention regarding the duration of the notice given to the employee is not sanctioned by nullity of the decision and the measure of dismissal when the employer proves that he gave notice to the employee with the minimum duration provided by art. 75 […]

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The risks of non-payment of social security contributions by employers

According to the said Order, it was approved the model, content, method of submission and management of the Declaration on payment obligations of social contributions and income tax records of insured persons. The nomenclature “subsidies/exemptions/reductions’” shall be amended and replaced by the Annex which is an integral part of the Order. In order to grant […]

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Meal tickets may be granted to employees also in electronic format

According to the press release published on the website of the Ministry of Finance in box Decisional transparency, it was published the draft decision on amending and supplementing Government Decision no. 5/1999 for the approval of the application of Law no. 142/1998 regarding the granting of meal vouchers. GD project seeks to implement the amendments […]

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January 24 will be declared a national day off. How many days off will be in 2015?

Currently the law is to be promulgated by the President of Romania and subsequently will be published in the Official Gazette. The bill for declaring January 24 – Romanian Principalities Unification Day, as a day of national celebration was presented to the Permanent Bureau of the Chamber of Deputies and the Senate, on 09/12/2013. The […]

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Can an employee which is on parental leave, for children aged up to one year or up to 2 years or 3 years in case of a disabled child, be fired?

This prohibition may be extended once, by up to 6 months after complete recovery of the employee / employee in the unit. Are excluded from the prohibition above mentioned, the situations where dismissal occurred as a result of judicial reorganization or bankruptcy of the employer, under the law, according to art. 25 paragraphs (4) of […]

Tax recovery for Romanian workers in Germany

Pavel & Associates provides legal assistance and advice on the full or partial recovery of the tax withheld monthly for the Romanian citizens that provide services under a contract of works in Germany. The documents required for the tax recovery are: Lohnsteuerbescheinigung (annual Tax Certificate) or Lohnsteuerkarte (sheet income tax). These documents can be obtained […]

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