Implications of the Pandemic Generated by the SARS-CoV-2 Virus  Regarding the Romanian Labor Legislation Cover Image

Implicațiile pandemiei generate de virusul Sars-Cov-2 în ceea ce privește legislaţia muncii din România
Implications of the Pandemic Generated by the SARS-CoV-2 Virus Regarding the Romanian Labor Legislation

Author(s): Dan Ţop, Ana Maria Alexandra Iancu
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Universul Juridic
Keywords: State of emergency; alert status; work legislation; Covid-19 pandemic; labor contract;
Summary/Abstract: The state of emergency established in Romania on March 16, 2020 by Decree no. 195/2020 and extended until May 14, 2020 by Decree no. 240/2020, was followed starting with May 15, 2020 by the state of alert at national level, for a period of 30 days, declared by Government Decision no. 24/2020, subsequently being extended successively. In this context, it has been necessary to adopt by law restrictive measures, essentially temporary and, where appropriate, gradual, proportionate to its predicted or manifested level of severity, necessary to prevent and eliminate imminent threats to conventional, Union and European rights. constitutionality to the life, physical integrity and health of persons, in a nondiscriminatory manner, and without prejudice to the existence of other fundamental rights or freedoms. Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, in section 3 (art. 16-31) established a series of measures to adequately protect labor relations. The following were considered: employment without examination or competition in the public sector; modification, suspension and termination of individual employment contracts; working time and rest time; granting days off to salaried parents for the supervision of children; prolongation of the validity of collective labor agreements and collective labor agreements, etc. Other normative acts developed during this period also regulated various situations, such as technical unemployment; reduced working week or temporary reduction of working hours (Kurtzarbeit) etc., aspects that we will analyze in this study