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Recent changes in labour legislation

Government Emergency Ordinance no. 142/2021 applicable as of December 30th, 2021 Starting with January 1st, 2022, the minimum gross basic salary at country level can be applied for an employee for a maximum period of 24 months, as of the conclusion of the employment contract. After the expiration of this period, he will be paid with a basic salary higher than the above salary. The above-mentioned provisions apply also to the employee paid with the minimum gross basic salary at the country level, who has already concluded an employment contract, the maximum period of 24 months being calculated starting with January 1st, 2022. Thus, the obligation to increase the minimum salary will apply starting with January 2024, both for an employment contract concluded after January 1st, 2022, and for an employment contract concluded prior to this date.
Government Decision no. 34/2022 applicable as of January 6th, 2022
As of January 8th, 2022, the state of alert is extended on the entire territory of Romania by 30 days.
Organization of training courses is allowed, including those requiring practical activities, workshops, conferences, as well as those organized for the implementation of projects financed from European funds, with the participation of individuals up to 50% of the maximum capacity of the space, indoors or outdoors, but not more than 150 people, between 5.00 and 22.00, with a distance of 2 meters between and an area of at least 4 square meters for each person, wearing a protective mask and in compliance with the norms of sanitary protection, in the counties / localities in which the cumulative incidence rate at 14 days is less than or equal to 1 / 1,000 inhabitants. Participation is only allowed for persons who are vaccinated against SARS-CoV2 virus and for whom 10 days have elapsed since the completion of the complete vaccination schedule, persons who test negative for an RT-PCR test for SARS-CoV-2 virus infection not older than 72 hours or the certified negative result of a rapid antigen test for SARS-CoV-2 virus infection not older than 48 hours, or the persons between the 15th and 180th day the day after confirmation of SARS-CoV-2 virus infection.   Organization of training courses is allowed, including those requiring practical activities, workshops, conferences, as well as those organized for the implementation of projects financed from European funds, with the participation of persons up to 30% of the maximum capacity of the space, in indoors or outdoors, but not more than 100 people, between 5.00 and 22.00, with a distance of 2 meters between persons and an area of at least 4 sqm for each person, wearing a protective mask and in compliance with the norms of sanitary protection, in the counties / localities in which the cumulative incidence rate at 14 days is higher than 1 / 1,000 inhabitants. Participation is only allowed for persons who are vaccinated against SARS-CoV2 virus and for whom 10 days have elapsed since the completion of the complete vaccination schedule, persons who test negative for an RT-PCR test for SARS-CoV-2 virus infection not older than 72 hours or the certified negative result of a rapid antigen test for SARS-CoV-2 virus infection not older than 48 hours, or the persons between the 15th and 180th day the day after confirmation of SARS-CoV-2 virus infection.  
During the state of alert, employers order the organization of work at home or in telework regime for at least 50% of employees, where the specifics of the activity allow.
During the state of alert, the employers with more than 50 employees, where the organization of work at domicile or in teleworking regime is not possible, have the obligation to organize the work schedule to be suitably phased, starting at 7:30, respectively at 10:00, or divided into groups/shifts.
The organization of the activity at the place of work shall be carried out in compliance with the legal provisions issued by the competent authorities regarding the prevention of SARSCoV-2 virus contamination and for ensuring the safety and health at work of workers, taking into account the degree of vaccination of the employees at that place of work, certified by the SARS-CoV-2 vaccination certificate presented by employees for whom 10 days have elapsed since the completion of the complete vaccination schedule, as well as by the number of employees in the period between on the 15th and 180th day after confirmation of SARS-CoV-2 virus infection and holding and presenting to the employer a certificate issued by the family doctor.
The certification of vaccination, testing or cure of SARS-CoV-2 is carried out by means of digital certificates, excepting the case of individuals from countries whose authorities do not issue digital certificates. The organizers / economic operators who carry out activities according to Annex 3 of GD 34/2022 (which includes, among others, the activities related to training courses, as well as the organization by employer of the activity at the workplace) have the obligation to scan the QR code on the digital certificate, without retaining any data or information from the verified certificate.
GD 34/2022 excludes the employees from the obligation to present the digital certificate at the entrance into the premises of the employer.    
Order of the Health Ministry no. 30/1/2022 applicable as of January 7th, 2022
Starting with January 8th, 2022, it is mandatory to wear a medical with 3 folds or FFP2 (N95) type protective mask, to cover the nose and mouth, in all confined and open public spaces. Masks made of textile and/or plastic material are not allowed.   Certain categories of persons are excluded from the above-mentioned measure, among which we mention: persons who are alone in the office; persons who perform intense physical activities and / or in demanding working conditions (high temperatures, high humidity, etc.) or sports activities; people with cognitive disabilities.   Persons suffering from diseases affecting the oxygenation capacity, after the risk assessment carried out by the occupational physician, may be exempted from this measure at work.

Order of the Ministry of Health no. 35/2022

applicable as of January 9th, 2022 The minimum period from the first positive COVID-19 test has been reduced from 14 to 10 days for those who have not been vaccinated and to 7 days for those who have been vaccinated or gone through the disease. The returning to work after the disease should not be conditioned by a negative test.

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