New COVID-19 employment-related regulations in Romania: what changes?

In the context of the fast increase of COVID-19 confirmed cases, as of 9 November 2020 and until (including) 8 December 2020, Romania enforces new restrictive measures and regulations, prompting employers to adapt their activity to these new realities.

Without intending an exhaustive overview, this note intends to provide a brief outline of the key points employers should consider, under the context above, and consider an ever-changing, dynamic and definitely not fully clear legislative environment.

I. Remote working (working from home and teleworking) is again prioritized

Remote working becomes again the rule while work from the office (normal working place) the exception.

Thus, similar to the regulations which applied during first stages of the pandemic related restrictions, the employers may again impose remote working (when remote working is possible).

Since this is a new phase in the remote working framework, a case-by-case analysis by each employer is recommended to determine if the specific employment documentation (on working place), as currently existing, needs to be updated in this respect.

Moreover, registration formalities (with the general registry of employees (REVISAL)) should be again considered, based also on guidance from the labour authorities.

II. Deferred working schedule

When the exception applies (and, thus, the employees cannot work remotely), employers with 50+ headcount must organise deferred employees’ working schedules (so that the employees are split into groups who start and end their working day at least one hour difference apart).

III. Work between 23:00 and 5:00

As traffic restrictions are enforced between 23:00 and 5:00, employees who cannot work remotely and must work during this time period must hold (i) a work badge/ ID, (ii) an employer certificate and/or (iii) a personal statement of the employee to justify the purpose of their travel. Thus, a case-by-case analysis by each employer is recommended in order to determine which document(s) is/ are appropriate in each circumstance.