It warns that the Romanian Ministry of Employment has suspended a number of basic employment agreements as a result of the COVID-19 pandemic and that there’s more to come in this regard. _x000D_
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Not the least of these is every employee’s worst nightmare, the suspension of individual labor agreements. The current law allows companies to suspend labor contracts if they experience a significant loss in activity or other shortages as a result of the pandemic. Employers have the right to suspend job contracts for the estimated period that the problems are expected to last and they’ll be entitled to extend that period as needed. They do need to communicate these issues to their staff and they will also be expected to be able to demonstrate that the move is being made for economic reasons. They will be expected in other words to be able to prove that they’ve lost revenues as a result of the crisis._x000D_
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Labor contracts can also be suspended on the basis of force majeure, which PeliPartners warns may apply during the current difficulties. “The COVID-19 outbreak may be deemed an event of force majeure if it leads to the employer’s activity being suspended or significantly restricted under an administrative order issued to limit the effects of the epidemic,”the company writes, adding that the state will “under certain circumstances”cover up to 75 percent of the wages in such cases._x000D_
Romania’s declaration of a state of emergency enables employers to implement a simplified procedure for remote working. In short, companies have the right to ask employees to work from home for the entire duration of the state of emergency. _x000D_
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In cases where employees are unable to fulfill all of their tasks, writes PeliPartners, they “may be requested to work from home only on specific dates or between specific hours, as required by the nature of the activity and by the work schedule.”The law also entitles employers to verify that employees are complying with the agreed upon remote work schedule. There are cases in which remote working is impossible, but the law firm warns employers that it is their responsibility to ensure that their staff are working according to proper health and safety conditions. This requires them to take all necessary measures to sanitize the working space appropriately and to provide employees with masks and gloves.
