Legal Flash nr. 37
07 October 2020
Law no. 213 of September 30, 2020 for the amendment and completion of Law no. 53/2003 - Labor Code
In the Official Gazette no. 893 dated September 30, 2020 Law no. 213/2020 was published for the amendment and completion of Law no. 53/2003 - Labor Code, which has entered into force on October 3, 2020.
By adopting Law 213/2020, the Romanian Parliament ordered new measures of interest in the field of labor law, such as:
- When negotiating, concluding or amending the individual employment contract or during the conciliation of an individual labor dispute, any of the parties may be assisted by an external specialized consultant, accompanied by a lawyer, an expert in labor law or a representative of the trade union of which he is a member, according to his own option.
- The expert consultant specializing in labor law may be a lawyer, an expert in labor law or, as the case may be, a mediator specializing in labor law, who, through his active role, will insist that the parties act responsibly to extinguish the conflict, respecting employees’ rights recognized by law or established by employment contracts. The external consultant's fee will be borne by the parties according to their agreement.
- The parties have the right to freely choose their external consultant.
- In order to carry out the disciplinary investigation, the employer can call on the services of an external consultant specialized in the labor legislation, which he / she will empower in this respect.
- During the preliminary disciplinary investigation, the employee has the right to formulate and support all defenses in his favor and to offer the commission or the person empowered to carry out the investigation all the evidence and motivations he deems necessary, as well as the right to be assisted, at his request, by an external consultant specializing in labor law or by a representative of the trade union of which he is a member.
- At the conclusion of the individual labor contract or during its execution, the parties may include in the contract a clause by which they establish that any individual labor dispute is settled amicably, through the conciliation procedure. Conciliation means the amicable settlement of individual labor disputes, with the help of an external consultant specializing in labor law, in conditions of neutrality, impartiality, confidentiality and with the free consent of the parties. Therefore, recourse to the court is no longer mandatory in order to resolve individual labor disputes.