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Employers have one month to negotiate new labour contracts for the transfer of contributions

Employers are required to negotiate with their employees, during November 20-December 20, the new employment contracts for the transfer of social security and health contributions from the employer to the employee, according to the Government Emergency Ordinance. Negotiations will take place collectively, even for companies where there is no collective labour bargaining agreement.

By Government Emergency Ordinance No. 82/2017, the Government names the employer and the trade unions (where appropriate) in charge of negotiating new contracts or additional acts for the implementation of the provisions of Emergency Ordinance no. 79/2017, on the transfer of social contributions from the employer to the employee, startupcafe.ro informs.

However, the new law does not provide sanctions if employers do not negotiate with employees.

If the employees do not have a collective labour contract, i.e. companies with few employees, the employer is compelled to start the collective bargaining, according to the Ordinance. In this case “representatives of the employees, together with a representative of a representative federation in the sector of activity or of a representative trade union confederation at the national level, at the invitation of the employees’ representatives,” take part to the negotiations.

These negotiations must take place during November 20-December 20.

Employers who want to maintain at least the same net salary for employees after the transfer of social contributions from the employer to the employee, according to the recent emergency ordinance, will have to increase the gross wages of the employees as of 2018.

The deadline for submission of changes made by the firm to the General Register of Employees Evidence (Revisal) will be extended to 20 working days from the date of the change and will be valid regardless of whether the change takes place after the conclusion of an addendum to the individual work contract or after the employer’s decision, the Labour Ministry has told StartupCafe.

 

 

About Valeriu Lazar