Romanian Labour Code - Title II - Chapter - 3 - Amendments to the individual employment contract

Romanian Labour Code

General provisions
(Title I - art. 1-9)
The individual employment contract
(Title II - art. 10-107)
Working time and
rest period
(Title III - art. 108-153)
Remuneration
(Title IV - art. 154-170)
Health and safety
at work
(Title V - art. 171-187)
Vocational training
(Title VI - art. 188-213)
Social dialogue
(Title VII - art. 214-235)
Collective labour agreements
(Title VIII - art. 236-247)
Labour disputes
(Title IX - art. 248-253)
Labour Inspectorate
(Title X - art. 254-256)
Legal liability
(Title XI - art. 257-280¹)
Labour jurisdiction
(Title XII - art. 281-291)
Final and transitional provisions
(Title XIII - art. 292-298)

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TITLE II - The individual employment contract

CHAPTER 3 - Amendments to the individual employment contract

Art. 41. [amendment of the employment contract]
(1) An individual employment contract may only be amended with the agreement of the parties.
(2) By way of exception, the unilateral amendment of the individual employment contract shall only be possible in the cases and under the conditions provided for in this Code.
(3) The amendment of the individual employment contract regards any of the following:
a) length of the contract;
b) place of work;
c) type of work;
e) working conditions;
e) wage;
f) working time and rest period.

Art. 42. [unilateral change of work place]
(1) The place of the work may be unilaterally modified by the employer by delegating or posting the employee to another workplace than the one provided for in the individual employment contract.
(2) During the delegation or the posting, the employee shall retain his/her position and every right provided for in the individual employment contract.

Art. 43. [delegation ]
A delegation is the temporary exercise by the employee, on employer’s direction, of works or tasks similar to his/her usual tasks, outside his/her workplace.

Art. 44. [duration of delegation]
(1) A delegation may be directed for a period of maximum 60 days and may be extended, with the agreement of the employee, with maximum 60 days.
(2) A delegated employee shall have the right to payment of transport and accommodation expenses, and to a delegation benefit, under the terms provided for in the law or the applicable collective labour agreement.

Art. 45. [posting]
A posting is an act by which the employer directs the temporary change of the workplace to another employer, for the performance of certain works in its interest. By way of exception, the type of work may be changed during the posting, but only with the written agreement of the employee.

Art. 46. [duration of posting]
(1) A posting may be directed for a period of maximum one year.
(2) By way of exception, the period of the posting may be extended every six months, with the agreement of both parties, for objective reasons that require the presence of the employee with the employer where the posting was directed.
(3) An employee may refuse the posting directed by his/her employer only by way of exception and for duly justified personal reasons.
(4) A delegated employee shall have the right to the payment of transport and accommodation expenses, and a delegation benefit, under the terms provided for in the law or the applicable collective labour agreement.

Art. 47. [protection of posted employee]
(1) The rights due to a posted employee shall be provided by the employer where the posting was directed.
(2) During the posting, an employee shall enjoy the rights more favourable to him/her – either the rights with the employer directing the posting, or the rights with the employer he/she is posted to.
(3) The employer providing the posting shall take all measures necessary so that the employer where the posting was directed fulfils completely and in good time all obligations towards the posted employee.
(4) Should the employer where the posting was directed fail to fulfil completely and in good time all obligations towards the posted employee, those obligations shall be fulfilled by the employer having directed the posting.
(5) Should any divergence arise between the two employers or should none of them fulfil their obligations according to the provisions of paragraphs (1) and (2), the posted employee shall have the right to return to his/her workplace provided by the employer having posted him/her, to bring an action against any of the two employers and to demand the enforcement of the unfulfilled obligations.

Art. 48. [unilateral change of place and type of work]
An employer may temporarily change the place and type of work, without the consent of the employee; it can also change them in cases of acts of God, or as a disciplinary sanction or employee safety precaution, in the cases and under the terms provided for in this Code.

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