Amendments in the Labor Code

Amendments in the Labor Code (LC), effective as from 01.08.2022

We made a synthesized statement regarding the amendments in the Labor Code (LC), effective as from 01.08.2022.

1. Art.66 par.5 of the Labor Code

The Employer shall provide the employee with the necessary written information n relation to the amendment of the labor contract until the effective date of the amendments to the latest (for example- change in the place and nature of work in case of production need or in other cases, in which the LC allows for a unilateral change (to be made)).

What’s new:  in order to be protected the rights and interests of the employee, the former term for notifying the employee about the amendment of the labor relation is significantly cut.

2.Art.70 of the Labor Code

The probationary period in case of a labor contract for a certain period of time, less than one year (for example for a seasonal employment) may not exceed 1 month.

The new rule makes difference between the maximum allowed probationary period in cases of a labor contract for unlimited period of time and a labor contract for a certain period of time (less than 1 year).

3.Art.111 of the Labor Code.

The ban for rendering supplementary labor with another employer may be agreed only for reasons of:

  • trade secret protection and/or
  • avoiding conflict of interests

What’s new: it is no more possible an absolute ban for a supplementary labor contract out of the established working time.

4.Art. 119 of the Labor Code

The employee may raise a written proposal to the employer to proceed:

  • from a labor contract for certain period of time to a labor contract for unlimited period of time;
  • from non-full time to full-time (working);

The employee may make these proposal after the end of the probationary period (if any). The changes may be agreed also when the employee uses a leave for raising a child.

The Employer must provide written arguments (within 1 month), if he rejects the amendment.

What’s new: far now it was not explicitly regulated, that the employee alone may propose such amendments of the labor contract. The new arrangements must be agreed in written between both parties, if the employer agrees.

5.Art.127 of the Labor Code

The Employer shall be obliged to make the employee familiar with:

  • the rules for determination of the salary (wage);
  • the conditions and order for termination of the labor contract according to the labor legislation;
  • information regarding the trainings, provided for maintaining and raising the professional qualification and improving the professional skills;

New and additional rules for transparent conditions of labor and awareness of the employee

6.Art.164c of the Labor Code

An employee- father/adopter shall have a right of leave up to 2 months for raising a child until the child turns 8 years, if:

  • he has not used a similar leave, available for the same purposes (under art. 163, par.10, art.164, par.3, art. 164b, par.2 and 5 or art.167, par. 1 of the Labor Code), or even if he has used, this has been for a period less than 2 months;
  • The child is not placed in a child’s institution, completely paid by the state

A compensation shall be paid by the state social security.   

New individual right of a leave for raising a child up to 8 years old for an employee- a father or an adopter.

7.Art.167b of the Labor Code

An employee, who is a parent (adopter) of a child up to 8 years old or looks after close relatives for serious medical reasons (with at least 4 months length of service) shall have the right to offer the employer in a written form the following, for a certain period of time:

  • Proceeding to working from a distance, if possible
  • Another way for organization of the working time
  • Other changes to the labor contract, which to ease the combination of the family and professional duties by the employee.

The changes must be in written, by mutual consent, and when the Employer refuses to make them, he should reason his refusal in written within 14- day term.

What’s new: Extending the cases, in which the employee may demand flexibility for combining the labor and family duties.

8.Art.173а of the Labor Code

The Employer shall have the right unilaterally to put an employee in a paid annual leave even without his/her consent for a reason of declared state of emergency or exceptional epidemiological situation, with no need for the employee to have a minimum length of service (4 months).

What’s new: the amendment actually appears previous amendment, according to which the minimum length of service for obtaining right of a paid annual leave was reduced from 8 to 4 months.

9.Art.228а of the Labor Code

Where the Employer is obliged to provide the maintaining and raising the professional qualification of the employee, the time for training shall be considered as a length of service and if possible, shall be conducted (the training) within the established working time. Such obligation for refreshing the professional skills according to the new conditions of work shall lay on the employer and in case an employee is back from a long-lasting absence from work (for example- maternity leave). The costs for training shall be borne by the employer.

What’s new: further preconditions and guarantees for professional growth of the employee, but now within the frameworks of the working time.

Should you have any questions, the team of Occupational health service is at your disposal. Occupational Health Service is at your disposal. 

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