At the beginning of April 2022, a draft amendment to the Labor Code was published in the Public Consultation Portal of the Administration of the Council of Ministers. The purpose of the changes is through the introduction of the requirements of the European legislation, to improve the legal framework in two main directions: security and predictability of the employment relationship and reconciling work and family obligations.
Promoting the security and predictability of the employment relationship
Specific proposals in this direction include the obligations of the employer to inform in cases of changes in the employment relationship. It is proposed that the information be provided no later than the entry into force of the amendment, and not as before – as soon as possible or no later than one month after the entry into force of the amendment.
It is envisaged that when the employment contract is fixed-term and / or part-time, the employee has the right to propose to the employer an amendment to his employment contract for an indefinite period and / or for full-time work, which corresponds to the obligation of in case of refusal within one month, the employer shall notify the employee in writing, motivating his refusal.
New obligations are introduced for the employer to provide information about the employment relationship. According to them, he will have to inform the employee about the internal rules for the salary, the conditions and the procedure for termination of the employment contract according to the labor legislation, as well as about the trainings for professional qualification and skills organized by him.
In order to develop the professional qualification of employees, it is proposed that all costs related to the training for maintaining and improving the professional qualification of employees be at the expense of the employer, when his obligation to provide such training arises from legislation or collective labor agreement. In these cases, the training time should be counted as working time, and if possible, the training itself should take place within the established working hours.
An addendum to the employment contract with a probationary period is foreseen. In cases where an employment contract has been concluded with a fixed term of less than one year, the probationary period is up to two months.
The changes also cover the employment contract for additional work with another employer. Currently, the so-called external part-time work is permissible, unless otherwise agreed in the main employment relationship. The change preserves the possibility of negotiating a ban on additional work with another employer, but only to protect trade secrets and prevent conflicts of interest.
Improving the opportunities for reconciling work and family responsibilities
In accordance with the requirements of Directive 2019/1158 / EU, the introduction of an individual right to parental leave up to 8 years of age by the father/adoptive parent is provided, with a guaranteed right to cash benefits. This right to leave arises when the father has not used leave transferred from the mother:
- due to pregnancy and childbirth (Article 163).
- for raising a child up to 2 years of age (Article 164).
- in case of adoption of a child up to 5 years of age (Article 164, letter b); or
- in case of death / serious illness of the mother (Article 167).
In order to better reconcile the professional and family responsibilities of the employee, the possibility of changing the employment relationship is provided. An employee who is a parent/adoptive parent of a child under 8 years of age has the right to propose to the employer a change for a certain period of time and the distribution of his working hours, to switch to teleworking and other changes in the employment relationship. This right may also be used by employees who take care of a parent, child, spouse, brother, sister and parent of the other spouse or other relatives in the direct line for medical or other valid reasons. If the employer does not agree with the proposed amendments, he is obliged to notify the employee with a reasoned written response.