OUG (Emergency Ordinance) no. 36/2021 on the use of an advanced electronic signature or qualified electronic signature, accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer in the field of labor relations, and for amending and supplementing certain documents was published in the Official Gazette (Part I) no. 474 of May 6, 2021.
According to the additions to the Labor Code by OUG no. 36/2021, the parties may choose to use at the conclusion of the individual employment contract/addendum to the contract, as the case may be, advanced electronic signature or qualified electronic signature, accompanied by electronic time stamp or electronic time stamp qualified and the qualified electronic seal of the employer.
According to the additions to the Labor Code by OUG no. 36/2021, the parties may choose to use at the conclusion of the individual employment contract/addendum to the contract, as the case may be, advanced electronic signature or qualified electronic signature, accompanied by electronic time stamp or electronic time stamp
The employer may opt for the use of the advanced electronic signature or the qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer, for drawing up all documents/documents in the field of employment relations, at the conclusion of the individual labor contract, during its execution or at the termination of the individual labor contract, under the conditions established by the internal regulation and/or the applicable collective labor contract, according to the law.
Individual employment contracts and additional documents concluded by using the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or qualified electronic time stamp and the qualified electronic seal of the employer, as well as the documents/documents in the field of labor relations are archived by the employer in compliance with the provisions of the Law on National Archives no. 16/1996, republished, and of the Law no. 135/2007 on archiving documents in electronic form, republished and will be made available to the competent control bodies, at their request.
According to OUG 36/2021, the written form of the documents required by this law is considered fulfilled even if the document is drawn up in electronic form and is signed with an advanced electronic signature or qualified electronic signature, accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer, provided laws.
An important aspect is that when concluding the individual employment contract/addendum to the contract or other documents issued in execution of the individual employment contract, as the case may be, the parties must use the same type of signature, respectively holographic signature or advanced or qualified electronic signature, accompanied by the electronic time stamp or qualified electronic time stamp and the qualified electronic seal.
The procedures regarding the use of the advanced electronic signature or the qualified electronic signature accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer must be found in the content of the individual employment contract. 2
Also in OUG 36/2021, it is specified that the employer cannot oblige the selected person for employment or, as the case may be, the employee to use the advanced electronic signature or qualified electronic signature, accompanied by an electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer, at the conclusion of the individual employment contract / the additional act to the contract or of other documents issued in the execution of the individual employment contract, as the case may be.
The employer may use the advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or qualified electronic time stamp and the qualified electronic seal, and in the employer’s relations with public institutions when preparing documents/documents in the field of labor relations / occupational safety and health.
The employer may bear, in order to fulfill the legal obligations mentioned in OUG 36/2021, the expenses for the acquisition of advanced electronic signatures or qualified electronic signatures accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer, used for signing documents from the field of labor relations / occupational safety and health.
We mention that the notions of advanced electronic signature, qualified electronic signature, electronic time stamp or qualified electronic time stamp and qualified electronic seal, used in the normative acts subject to these provisions have the meaning given by the provisions of Regulation (EU) no. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and reliable services for electronic transactions on the internal market and repealing Directive 1999/93 / EC.
We specify that the procedure regarding the electronic signing of acts or documents in the field of labor relations will be established by the employer, within the internal regulation, with the consultation of the representative trade union organization or of the employees’ representatives.
According to the Labor Code, in the situation where there is no representative union and no employee representatives have been elected, the procedure will be established by the employer, and the amendments to the internal regulations will be brought to the notice of the employees.
Examples of work documents that can be kept in electronic format:
- Individual employment contract and additional documents
- The collective labor contract
- Agreement for keeping registrations of work for mobile employees, employees working at home and employees of certain companies
- Documents related to disciplinary investigations and sanctions
- Written notification regarding the termination of the individual employment contract during or at the end of the probationary period
- The decision to automatically terminate an individual employment contract
- Dismissal decision
- Notification of the intention to make collective redundancies
- Notice of resignation
Legal basis:
– OUG 36/2021 on the use of an advanced electronic signature or qualified electronic signature, accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer in the field of labor relations, and for amending and supplementing some normative acts;
– EU Regulation 910/23-July-2014 on electronic identification and trust services for electronic transactions on the internal market and repealing Directive 1999/93 / EC;
– Labor Code of 2003 (Law no. 53 of January 24, 2003) – REPUBLICATION, with subsequent amendments and completions.