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In this issue:

The Romanian Government adopted GEO no. 36/2021 on the use of the electronic signature in the field of employment relationships (GEO 36/2021) and the GEO no. 37/2021 for the amendment and completion of Law no. 53/2003 – The Labour Code (GEO 37/2021).

GEO 36/2021 and GEO 37/2021 were published in the Romanian Official Gazette no. 474 of 6 May 2021 and entered into force on the same date.

The following is a summary of the main legislative changes:

Electronic signature used in the field of employment relationships  

GEO 36/2021 provides for the possibility to use 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 when concluding individual employment contracts, addenda thereto and other documents or acts regarding the employment relations.

The employer may not oblige the person selected for employment or the employee to use the electronic signature.

The person selected for employment or the employee will be informed with respect to the procedures regarding the use of the electronic signature.

When signing the employment documentation, the parties must use the same manner of signing, namely either wet ink signature or electronic signature.

Amendments regarding teleworking

GEO 36/2021 amends the definition of teleworking in the sense that it no longer provides that the work must be carried out in teleworking regime at least 1 day/month.

The obligation to expressly state within the individual employment contract or the addendum thereto the place/places where teleworking activity is carried out was eliminated.

It is expressly provided that the employer verifies the teleworker’s activity mainly by using information technology.

Amendments regarding occupational health and safety

GEO 36/2021 expressly establishes that the health and safety training of the employees may be evidenced electronically (signed electronically) or on paper according to the method chosen by the employer and provided by the internal regulation.

Amendments regarding microenterprises

GEO 37/2021 brings several important amendments which target microenterprises, namely those entities that have up to 9 employees and achieve a net annual turnover or hold total assets of up to EUR 2 million:

For more information, please contact Radu și Asociații SPRL team.

Prepared by:
Ana Flueran - Senior Associate, Radu și Asociații SPRL

For additional information, please contact:
Radu Diaconu – Managing Partner, Radu și Asociații SPRL
Anca Atanasiu – Managing Associate, Radu și Asociații SPRL