Exception of unconstitutionality admitted by the court regarding the amendments made by OUG 37/2021 to Law 53/2023 – Labour Code

On 05.06.2024 was published in the Official Gazette no. 523 decision no. 218 of 10 April 2024 on the exception of unconstitutionality of the provisions of Government Emergency Ordinance no. 37/2021 for the amendment and completion of Law no. 53/2003 – Labour Code.

The Constitutional Court thus found that the provisions of OUG no. 37/2021 for the modification and completion of Law no. 53/2003 – Labour Code, which established that internal regulations and job descriptions are optional for micro-enterprises with up to nine employees are unconstitutional.

The employees of micro-enterprises have been deprived of both the right to be informed about the duties listed in the job description and the right to be consulted in the drafting of the internal regulation, which is contrary to the fundamental rights to social protection measures at work, guaranteed by art. 41 para. (2) of the Romanian Constitution.

We mention that OUG 37/2021 was repealed on 06.10.2022 by Law 275/2022 on the rejection of Government Emergency Ordinance no. 37/2021 amending and supplementing Law no. 53/2003 – Labour Code.