Ammendments to the Labor Law Code


On the 25th of January 2015 Law no. 12/2015 regarding the modification and completion of the Labor Code came into force.

The aforementioned law modified and completed the Labor Code as follows:

In article 16, after paragraph (4), two new paragraphs were inserted, having the following content:

(5) Unmotivated absences and leaves without pay are detracted from the length of service.
(6) Leaves for professional training without pay, granted in concordance with articles 155 and 156 are exempted from the provisions of paragraph (5).

In article 92, after paragraph (2), two new paragraphs were inserted, paragraphs (3) and (4) respectively, having the following content:

(3) The salary received by the temporary employee for each mission cannot be inferior to the one received by the employee of the user, who performs the same labor or a similar one with that of the temporary employee.
(4) To the extent that the user does not have such an employee, the salary received by the temporary employee will be established by taking into account the salary of a person hired with an individual labor agreement, who performs the same labor or a similar one, as is established through the collective labor agreement corresponding to the level of the user.

Another implementation in the provisions of the Labor Code consists of the fact that upon establishing the duration of the annual leave, the periods representing temporary disabilities and those pertaining to the maternity leave, the leave for maternal risk and the leave for attending to one’s ill child are considered periods of performed labor. (article 145, paragraph 4).

Also, the employee has the right to an annual leave in case the temporary disability is maintained, considering the applicable law, for the entire duration of a calendar year, the employer thus being obligated to grant an annual leave within a period of 18 months, beginning with the year next to the one that the employee was on medical leave. (article 145, paragraph 6)