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Crowe Romania

Amendment of the individual labour agreement framework model

References: ORDER no. 585 of July 2nd 2021, LAW no. 411 of October 18th 2004*)

27/07/2021
Crowe Romania
Romania

The framework model of the individual labour agreement was amended and completed by Order no. 585 of the Ministry of Labour and Social Protection, published in the Official Gazette no. 712 of July 19th 2021.

Article 1 is amended and completed as follows:

  • Letter F is amended and shall comprise the following:

“Job responsibilities:  The job responsibilities are stipulated in the job description, annex to the individual labour agreement, excluding the micro-enterprises, with up to 9 employees, defined at art. 4, paragraph (1), letter (a) of Law no. 346/2004 on stimulating the establishment and development of small and medium-sized enterprises, with the further amendments and completions, which will supplement a brief characterisation/description of the activity.”

  • At letter M, General rights and obligations of the parties, point 4, after letter c), letter c^1) is added, comprising the following:

“To inform the employer regarding the obligation to adhere to a privately administrated pension fund;”

  • The employer’s obligation to inform the employees, provided at Letter M, point 4, letter c^1) of the individual labour agreement framework model, is applied only to the persons mentioned at art. 30 of Law no. 411/2004 regarding the privately administered pension funds, republished, with the further amendments and completions.

The persons mentioned at art. 30 of Law no. 411/2004 are:

(1) The persons aged up to 35 years, who are insured according to the provisions of art. 5, paragraph (1) of Law no. 19/2000 regarding the public pension system and other social insurance rights, with the further amendments and completions and who contribute to the public pension system, must adhere to a pension fund.

(2) The persons, besides the ones mentioned at paragraph (1), aged up to 45 years, who are already insured and contribute to the public pension system, can adhere to a pension fund.

(3) The natural persons who earn incomes from salaries and incomes assimilated to salaries based on individual labour agreements concluded with employers, who perform activities in the construction sector and who fall under the conditions stipulated at art. 60, point 5 of Law no. 227/2015 regarding the Tax Code, with further amendments and completions, are exempted from the provisions stipulated at paragraph (1), between January 1st 2019 and December 31st 2028 included.