[ad_1]
It establishes that any person who wants to be hired can be assisted in the negotiation or signing of a contract by a lawyer or an expert in labor law.
The same can be done in case of modification of some contractual clauses.
This occurs in the context in which, until now, the Labor Code provided that employees could be accompanied by third parties, but it does not exactly specify their professional quality.
Law no. 213/2020, which brings certain modifications to the Labor Code that appeared in the Official Gazette no. 893, on September 30, but came into effect only today.
Thus, one of the important changes provides that the future employee may choose to be accompanied by a lawyer, an expert in labor law or a mediator specialized in labor law, when negotiating, entering into or modifying an individual employment contract. the play.
What does the new amendment to the Labor Code provide?
He may also accompany the employee, in the situations mentioned, even a representative of the union to which the employee belongs.
“When negotiating, concluding or modifying an individual employment contract or during the conciliation of an individual labor dispute, either party may have the assistance of an external consultant specialized in labor law or a representative of the union of which he is a member. options ”, is foreseen in Law No. 213/2020.
Until this amendment to the Labor Code, there was a provision that stipulated that the two parties could be accompanied by third parties, but did not specify exactly who those people could be and what professional quality they could have.
At the same time, the Law no. 213/2020 also establishes that the parties can enter into a confidentiality agreement at any time during the execution of the employment contract, not only before concluding it, as established by the Labor Code to date.
This change I mentioned might be necessary especially in the case of a disciplinary investigation.
“The information provided during the disciplinary investigation may contain sensitive data referring to persons, data that must be protected in accordance with the EU Regulation 2016/679 on the protection of personal data. In this sense, the existence of a contract of confidentiality of the information provided during the entire disciplinary investigation, ”wrote the initiators of the project that became Law No. 213/2020, in the explanatory memorandum, according to capital.ro
