Law 140/2023 introduced a new case of suspension of the individual employment contract in the Labour Code, specifically the case of carrying out, on the basis of a contract concluded under the terms of the law, a specific activity as a maternal assistant, personal assistant to a severely disabled person or professional personal assistant.
This new case of suspension is in addition to the other situations in which the individual employment contract may be suspended at the employee’s initiative, such as parental leave, vocational training leave, accommodation leave, etc.
As a result of the suspension of the individual employment contract, the employee will no longer work for his/her employer and the employer will not advance any salary rights.
A number of practical challenges may arise, both from the employee’s perspective, but especially from the employer’s position.
As far as the employee as a maternity assistant is concerned, he/she must terminate the original individual employment contract in order to become a maternity assistant, according to the special legislation governing the activity of a maternity assistant.
The suspension of the employment contract is essentially about maintaining the employment relationship, which is why, as a matter of law, this case of suspension must be brought into line with the existing special legislation in order to give effect to these legal provisions.
We believe that from the employer’s perspective, the organization and allocation of human resources, as well as the possible replacement of the workforce during the suspension period, could become difficult, as long as the law does not provide for a period (even a maximum one) of suspension of the employment contract for this new case.
Obviously, the termination of the job occupied by the employee with the suspended individual employment contract cannot be carried out before the suspension ends.
Vladimir Catargiu – Attorney at law
