Directive (EU) 2022/2041 is a consequence of the permanent concerns of the European Union regarding the social market economy with a high degree of competitiveness, which tends towards full employment and social progress. This necessarily implies respect for the health, safety and dignity of workers, their right to fair remuneration, suffi cient to ensure a decent standard of living for them and their families. In this context, t...

On 25 December 2022, a new Law on social dialogue entered into force; it was Law no. 367/2022 on social dialogue, published in the Official Gazette, Part I no. 1238 of 22 December 2022, which repealed, at the time of its entry into force, the Law on social dialogue no. 62/2011, published in the Official Gazette, Part I no. 322 of 10 May 2011 and republished in the Official Gazette, Part I no. 625 of 31 August 2012. Although the adoption...

The article aims to highlight the conventional nature of the conclusion of a collective agreement. At the basis of the creation of a collective agreement is the freedom of will of the parties (employer and employees/workers in the unit, group of units, collective bargaining sectors, up to national level), as a consequence of the principle of freedom of negotiation. The only limitation on the parties in negotiating the terms of th...

In the context of the publication of the Government Decision no. 23/2022 on the organization and functioning of the Ministry of Labour and Social Solidarity, but especially of the real economic and social situation that Romania is currently facing, the article analyzes the contribution of the Ministry of Labour to the identification of solutions in order to solve the major problems that the labour market is fac...

The article analyzes the regulations of the Government Emergency Ordinance no. 117/2021 which define the notions of undeclared work and under-declared work, as well as the compensation of additional work and contraventional liability. The ordinance aims to sanction the behaviour of employers “to discourage practices that generate tax evasion and non-compliance with the rights of the employees which are deprived ...

The article addresses two issues regarding the minimum wage: the “de jure” change of the minimum wage established by the individual employment contract and the renegotiation of the wage at a level higher than the minimum gross basic wage guaranteed at national level. They concern the provisions of the G.E.O. no. 142/2021 and G.E.O. no. 130/2021 which have a major impact on labour relations aimed in particular at...

The article analyzes the regulations of the Government Emergency Ordinance no. 117/2021 which define the notions of undeclared work and under-declared work, as well as the compensation of additional work and contraventional liability. The ordinance aims to sanction the behaviour of employers “to discourage practices that generate tax evasion and non-compliance with the rights of the employees which are deprived of stability and the transfer of...

Employees can benefit from a type of leave, in addition to the other leave provided by law. The insured who, with the patient’s consent, accompanies him to surgeries and treatments prescribed by the specialist doctor, benefits from leave and allowance for the care of the patient with oncological diseases over 18 years of age. The gross monthly amount of the allowance for the care of the patient with oncological diseases is 85% of the calculati...

In the context of the publication of the Government Decision no. 23/2022 on the organization and functioning of the Ministry of Labour and Social Solidarity, but especially of the real economic and social situation that Romania is currently facing, the article analyzes the contribution of the Ministry of Labour to the identification of solutions in order to solve the major problems that the labour market is facing. Although the ministry’s resp...

The article addresses two issues regarding the minimum wage: the “de jure” change of the minimum wage established by the individual employment contract and the renegotiation of the wage at a level higher than the minimum gross basic wage guaranteed at national level. They concern the provisions of the G.E.O. no. 142/2021 and G.E.O. no. 130/2021 which have a major impact on labour relations aimed in particular at the remuneration of persons pai...