How a small change could upset the legal “shield” of employees. Warning on a project that “hides huge risks”

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A draft law, adopted last month by the Senate, proposes small changes in the Labor Code, which could weaken the social protections of employees, draws the attention of an expert of the National Trade Union Bloc. The change could pave the way for employers to hire masked workers without having to comply with labor laws.

The draft law, which can be consulted hereimplies the introduction of the mandate contract, a new type, into the Labor Code.

“Practically, directors who work under a civil mandate should be assimilated to employees who have an employment contract. At first glance, it looks like a simple technical change, but it’s not. First of all, behind this project there is a fundamental problem: if this proposal becomes law, employers in Romania would have a dangerous alternative to employment contracts at hand. What does this mean for employees? Very simple – the labor legislation will be circumvented, and the social protection of employees will be seriously affected”, draws the attention of Cristina Casian, legal expert of the National Bank of Romania. in a video published on Tuesday, October 15, on social networks.

This type of contract does not offer the same guarantees as work contracts, opening the way for “abuses, arbitrary dismissals, the impossibility of claiming compensation”, says the expert. In addition, mandate contracts are already regulated by the Civil Code, and the proposed amendment would create legislative confusion. The SNB says that such a change would not solve the problems in the labor market, but “would create an even more dangerous one”.

“The adoption of this project could radically transform the labor market in Romania, but not in favor of employees, but in favor of employers, who seek to escape their legal obligations. (…) We make a clear appeal to the parliamentarians: reject this legislative proposal and defend the rights of employees in Romania”, says Casian.

The project was proposed by several UDMR senators, one representative each of PSD, USR and AUR and three unaffiliated senators.