The Chamber of Deputies adopted on Wednesday, 3 December 2014, the draft law amending the Labour Code.
Thus, it was amended article. 45 para. 2, which states: “The actual period of the annual leave shall be determined in the individual employment contract, in compliance with the applicable law and collective agreements, being granted proportionally to the activity rendered during a calendar year.”
There are also introduced new provisions, which seem to favor the employee, as follows:
Within art. 145, paragraph 5 is inserted, having the following content: “In case the temporary incapacity, maternity leave, maternal risk or a childcare leave occurred while performing the annual leave, the last one will be interrupted and the employee will perform the remaining days of leave after the temporary disability, maternity, maternal risk or the childcare situation ceased, and if is not possible, the days which were not taken will be reprogrammed.
Paragraph 6: “The employee is also entitled to annual leave if the temporary incapacity is maintained, under the law, throughout the period of a calendar year, the employer having the obligation to grant annual leave during a period of 18 months from the year following that in which the employee was on sick leave. ”
On the other hand, the new paragraph. 5 of art. 16 provides that: “Unjustified absences and unpaid leave shall be deducted from the accumulated service.”
:: The source: JURIDICE.ro
Adina Elena OPREA