New regulations in the field of labor relations

Emergency Ordinance (OUG) no. 36/2021 on the use of 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 normative was published in the Official Gazette no. 474 dated May 6, 2021.

The mentioned document stipulates that within 60 days from the entry into force of OUG 36, the Ministry of Labor and Social Protection will submit for adoption to the Government the draft decision to amend the Methodological Norms for applying the provisions of the Law on safety and health at work no. 319 / 2006, approved by Government Decision no. 1425/2006, with subsequent amendments and completions.

Changes related to the signing of documents in the field of labor relations:

We remind you that according to art.16, paragraph (1) of the Labor Code, the individual employment contract is concluded based on the consent of the parties, in written form, in Romanian, at the latest the day before the activity starts by the employee. The obligation to conclude the individual employment contract in written form rests with the employer.

The new regulations, recently published, specify that 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 qualified electronic time stamp and the qualified electronic seal of the employer.

The employer may opt for the use of advanced electronic signature or qualified electronic signature, accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer, for the preparation of all documents / documents in the field of labor relations resulting from the conclusion of the individual employment contract. during its execution or at the termination of the individual employment 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 Law no. 135/2007 regarding the archiving of documents in electronic form, republished, and will be made available to the competent control bodies, at their request

.

The written form of the documents required by this law is considered fulfilled if the document is drawn up in electronic form and is signed with 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.

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 use the advanced electronic signature or qualified electronic signature, accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal.

The employer may not 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 electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer, at concluding the individual employment contract / deed in addition to the contract or other documents issued in the execution of the individual employment contract, as the case may be.

At the conclusion of 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 electronic time stamp or qualified electronic time stamp and qualified electronic seal.

Changes related to teleworking:

OUG nr.36/2021 came with a series of important changes to the rules of telework, which are included in Law 81/2018.

In the new regulation, telework is defined as “the form of work organization through which the employee, regularly and voluntarily, fulfills his duties specific to the position, occupation or profession he holds elsewhere than the work organized by the employer, using information and communications technology ”.

The telework activity can be used when it has been agreed by both parties (employer and telemarketer) and has been expressly provided in the individual employment contract (once concluded, for newly hired staff) or in an additional act to the existing individual employment contract (for the other employees).

It is important to mention that, until recently, the law, the definition of telework provided the condition that, at least one day a month, the activity be carried out in another place than the work organized by the employer, using information and communications technology.

Another change refers to the conditions under which the employer can verify the employee’s activity by introducing the provision that this activity be carried out by electronic means.

Thus, the employer is entitled to verify the activity of the employee mainly by using information and communications technology, under the conditions established by the individual employment contract, the internal regulations and / or the applicable collective labor contract, under the law

OUG 36/2021 abrogates the provision that in the telework CIM there must be an express provision regarding the place / places of carrying out the telework activity, agreed by the parties.

In addition, the condition that teleworkers be present at least one day a month at the employer’s premises is eliminated. Their activity can be verified online or by phone.

We mention that the provisions regarding the way of ensuring SSM training (occupational safety and health) are completed.

According to the new provisions, the employer has the obligation to ensure conditions for the telemarketer to receive sufficient and adequate training in the field of occupational safety and health, especially in the form of information and work instructions on the use of display screen equipment: at employment, at introduction of new work equipment, at the introduction of any new work procedure.

Another important aspect refers to the fact that the list of obligations that the employee has in teleworking is completed with a new obligation: data confidentiality.

Therefore, the employee in telework must respect and ensure the confidentiality of information and documents used during the telework activity.

Legal basis:

Law 81/2018 on the regulation of telework activity;

Labor Code of 2003 (Law no. 53 of January 24, 2003) – REPUBLICATION, with subsequent amendments and completions;

– Emergency Ordinance 36/2021 on the use of 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 normative acts.