Electronic signature in employment relationships. Government Emergency Ordinance no. 36 / 2021.
Context
Government Emergency Ordinance no. 36 (“GEO 36/2021”) on the use of the electronic signature in employment relationships, was published in the Official Gazette of Romania, on 6 May 2021, coming into force on the same date.
The amendments and supplements to the Labor Code refer to the use of the electronic signature in the employer – employee relationships.
Main regulations:
-It is possible to conclude the following documents using an advanced / qualified electronic signature:
◦ individual employment agreement and addenda thereto;
◦ all deeds/documents in the field of employment relationships resulting from the conclusion of the individual employment agreement, during its performance or upon its termination;
◦ deeds/documents in the field of employment relationships/work health and safety, drafted by the employer in front of public institutions.
-Upon conclusion of the employment agreement, addenda thereto or other documents issued in the performance of the individual employment agreement, the parties should use the same type of signature, no matter if they opt for the handwritten signature or the electronic signature.
-The mandatory notification prior to the employment (art. 17 of the Labor Code) shall also contain information relating to the procedures for the use of the electronic signature.
Amendments to the Labor Code. Government Emergency Ordinance no. 37 / 2021
Context Government Emergency Ordinance no. 37 (“GEO 37/2021”) amending and supplementing the Labor Code, was published in the Official Gazette of Romania, on 6 May 2021, coming into force on the same date.
The amendments and supplements to the Labor Code refer to microenterprises which:
-The obligation to prepare the job description is eliminated, and the indication of the job duties shall be verbal;
-The record of the hours of work performed by each employee on a daily basis shall be kept under the terms established by written agreement, between the parties – the same rule shall also apply to mobile employees and those working from home.
-The obligation to draft the internal regulations is eliminated.
