Information

Maternity protection at workplaces

Maternity protection at workplaces



NEWS: The law of mothers: maternity allowance, 85% of salary.
Government Emergency Ordinance no. 96 of October 14, 2003 on the protection of maternity at work places. Published in the Official Gazette, Part I no. 750 of 10/27/2003
Pursuant to the provisions of art. 114 paragraph (4) of the Romanian Constitution, the Government of Romania issues the following emergency ordinance:
Art. 1. - The present emergency ordinance regulates social protection measures for:
a) pregnant employees and mothers, lazy or breastfeeding, of Romanian citizenship or of a member state of the European Union and of the European Economic Area, who have employment or service relations with an employer;
b) citizens of other states and stateless persons, who, according to the law, have their domicile or residence in Romania, if they are part of the categories of employees provided for in letter. a).
Art. 2. - For the purposes of the provisions of the present emergency ordinance, the terms and expressions below are defined as follows:
a) maternity protection is the protection of the health and / or safety of pregnant employees and / or mothers at their places of work;
b) the work place is the area delimited in space, according to the specific of the work, endowed with the means and the materials necessary for the work, in order to carry out an operation, work or to perform an activity by one or more executives, with the training and the skill their, in the technical, organizational and appropriate working conditions, from which an income is obtained based on an employment or service relationship with an employer;
c) the pregnant employee is the woman who announces in writing the employer about her physiological state of pregnancy and attaches a medical document issued by the family doctor or by the specialist doctor attesting this condition;
d) the newly born employee is the woman who resumed her activity after performing the leave of absence and asks the employer in writing the protective measures provided by law, attaching a medical document issued by the family doctor, but not later than 6 months from the date he was born;
e) the breastfeeding employee is the woman who, when resuming the activity after the leave of absence, breastfeeds her child and notifies the employer in writing about the presumed beginning and end of the breastfeeding period, attaching medical documents issued by the family doctor in this regard;
f) the dispensation for prenatal consultations represents a number of free hours paid to the employee by the employer, during the normal working hours, for carrying out prenatal consultations and examinations based on the recommendation of the family doctor or the specialist doctor;
g) compulsory postnatal leave is the 42-day leave that the mother's employee has the obligation to carry out after birth, within the leave for pregnancy and indemnity with the total duration of 126 days, which the employees benefit under the law;
h) maternity risk leave is the leave benefited by the employees stipulated in letter. c) -e) for the protection of their health and safety and / or of the fetus or their child.
Art. 3. - (1) The employees provided in art. 2 lit. c) -e) have the obligation to present to the family doctor for issuing a medical document attesting their condition.
(2) In case the employees do not fulfill the obligation stipulated in par. (1) and does not inform the employer in writing of their status, he is exempted from his obligations stipulated in the present emergency ordinance, except those provided in art. 5, 6, 18, 23 and 25.
Art. 4. - The employers have the obligation to take the necessary measures, so that:
a) to prevent the exposure of the employees provided for in art. 2 lit. c) -e) at risks that can affect their health and safety;
b) the employees provided in art. 2 lit. c) -e) not to be forced to perform a job that is harmful to their health or their pregnancy status or to the newborn baby, as the case may be.
Art. 5. - (1) For all activities likely to present a specific risk of exposure to agents, procedures and working conditions, the list of which is provided in annex no. 1, the employer is obliged to evaluate annually, as well as any changes in the working conditions nature, the degree and the duration of the exposure of the employees provided in art. 2 lit. c) -e), in order to determine any risk for their safety or health and any repercussions on pregnancy or breastfeeding.
(2) The evaluations provided in par. (1) is carried out by the employer, with the obligatory participation of the occupational medicine doctor, and their results are recorded in written reports.
Art. 6. - (1) The employers are obliged that, within 5 working days from the date of drawing up the report, they will send a copy of it to the union or the employees' representatives.
(2) The employers shall inform the employees in writing of the results of the assessment regarding the risks to which they may be subjected to their work places, as well as of the rights arising from this emergency ordinance.
Art. 7. - (1) Within 10 working days from the date on which the employer was announced in writing by an employee that he is in one of the situations provided in art. 2 lit. c) -e), he has the obligation to notify the occupational medicine doctor, as well as the territorial labor inspectorate whose work is carried out.
(2) From the date of receipt of the notification, the occupational medicine doctor and the territorial labor inspectorate shall verify the working conditions of the employee at the time and in the conditions established by the rules of application of this emergency ordinance.
Art. 8. - The employer has the obligation to keep the confidentiality of the employee's pregnancy status and will not announce other employees except with her written agreement and only in the interest of the good work process, when the pregnancy status is not visible.
Art. 9. - If an employee is in one of the situations provided in art. 2 lit. c) -e) and carries out at the workplace an activity that presents risks for its health or safety or with repercussions on pregnancy and breastfeeding, within the meaning of the provisions of art. 5 paragraph (1), the employer is obliged to suitably modify its working conditions and / or work schedule or, if it is not possible, to assign it to another work place without risk to its health or safety, according to the recommendation of the occupational medicine doctor or of the family doctor, with the maintenance of the salary income.
Art. 10. - (1) In case the employer, for objectively justified reasons, cannot fulfill the obligation provided in art. 9, the employees provided in art. 2 lit. c) -e) have the right to maternity risk leave, as follows:
a) before the date of requesting the maternity leave, established according to the legal regulations regarding the public pension system and other social insurance rights, the employees provided in art. 2 lit. c);
b) after the date of the return from the obligatory postnatal leave, the employees provided in art. 2 lit. d) and e), if he does not request leave and allowance for the raising and care of the child until the age of 2 years or, in the case of the disabled child, up to 3 years.
(2) The maternity risk leave may be granted, in whole or in part, for a period not exceeding 120 days, by the family doctor or the specialist doctor, who will issue a medical certificate in this regard, but cannot be granted simultaneously with other holidays provided by the legislation regarding the public pension system and other social insurance rights.
(3) The medical certificate will be issued in the conditions in which the employee appeared at the prenatal and postnatal consultations, according to the norms of the Ministry of Health.

Articles 11 - 20


Art. 11. - (1) During the maternity risk leave the employee has the right to the maternal risk allowance, which is borne by the state social insurance budget.
(2) The amount of the allowance provided in par. (1) is equal to 75% of the average of the monthly incomes realized in the 10 months prior to the application, on the basis of which the contribution of state social insurance was paid.
(3) For the maternal risk allowance the contribution of state social insurance is not due. The duration of maternity risk leave represents the period assimilated to the contribution period.
(4) The calculation and payment of the maternal risk allowance are made monthly by the employer, at the latest with the liquidation of the salary rights for the month in which the maternal risk leave is granted.
Art. 12. - (1) For employees who are in one of the situations provided for in art. 2 lit. c) and d) and carry out their activity only in the orthostatic position or in the seated position, the employers have the obligation to change their respective work place, so as to provide them, at regular intervals of time, breaks and arrangements for rest in position. sitting or moving respectively.
(2) The occupational medicine doctor establishes the time intervals for which it is necessary to change the working position, the periods of activity, as well as the duration of the rest periods in the sitting or moving position, respectively.
(3) If the arrangement of the working conditions and / or the work schedule is not technically and / or objectively possible or cannot be required for well-founded reasons, the employer will take the necessary measures to change the employee's workplace concerned.
Art. 13. - Based on the recommendation of the family doctor, the pregnant employee who cannot meet the normal working time for health reasons, his or her child, has the right to reduce by a quarter the normal working time, with the maintenance of income salaries, fully supported from the employer's salary fund, according to the legal regulations regarding the public pension system and other social insurance rights.
Art. 14. - The employees provided in art. 2 lit. c) and e) cannot be forced by the employer to carry out activities for which the evaluation highlighted the risk of exposure to agents or working conditions stipulated in letter. A and B of annex no. 2.
Art. 15. - Employers have the obligation to grant pregnant employees the exemption for prenatal consultations, under the conditions provided in art. 2 lit. f), if the investigations can be carried out only during the work program, without diminishing the salary rights.
Art. 16. - For the protection of their health and of their child, after birth, employees have the obligation to perform at least 42 days of postnatal leave, under the conditions provided in art. 2 lit. g) and in the framework of the leave of absence established by Law no. 19/2000 regarding the public pension system and other social insurance rights, as subsequently amended and completed.
Art. 17. - (1) The employers are obliged to grant to the employees who breastfeed, during the working program, two breaks for breastfeeding for one hour each. These breaks also include the time required to move back and forth from where the child is.
(2) At the request of the mother, the breaks for breastfeeding will be replaced by reducing the normal working time or working two hours daily.
(3) Breaks and the reduction of the normal working time, granted for breastfeeding, are included in the working time and do not diminish the wage incomes and are fully supported from the employer's salary fund.
(4) In case the employer provides special nursing facilities within the unit, they shall fulfill the hygiene conditions corresponding to the sanitary norms in force.
Art. 18. - In order to ensure the safety and health at work of pregnant and / or nursing mothers, mothers or nursing mothers, the internal regulations of the units must contain measures regarding their hygiene, health protection and safety at work, in accordance with the provisions of the present emergency ordinances and other normative acts in force.
Art. 19. - (1) The employees provided in art. 2 lit. c) -e) cannot be forced to perform night work.
(2) In case the health of the employees mentioned in par. (1) is affected by the night work, the employer is obliged that, based on the written request of the employee, to transfer it to a day job, maintaining the basic monthly gross salary.
(3) The request of the employee is accompanied by a medical document that mentions the period in which her health is affected by the night work.
(4) In case, for objectively justified reasons, the transfer is not possible, the employee will benefit from the leave and the maternal risk allowance, according to art. 10 and 11.
Art. 20. - (1) The employees provided in art. 2 lit. c) -e) cannot carry out the work under unhealthy or painful conditions.
(2) In the case of an employee who is currently carrying out work of unhealthy or painful nature, it is within the provisions of art. 2 lit. c) -e), the employer has the obligation to transfer it to another job, maintaining the basic monthly gross salary.
(3) The name and enumeration of the works of unhealthy or painful character referred to in para. (1) are established in the implementing rules of this emergency ordinance.
(4) The provisions of art. 19 paragraph (3) and (4) apply accordingly.

Art. 21-31


Art. 21. - (1) The employer is forbidden to order the termination of the employment or service relations in the case:
a) the employee provided for in art. 2 lit. c) -e), for reasons that have a direct connection with his state;
b) the employee who is in the maternity risk leave;
c) the employee who is on maternity leave;
d) the employee who is in the leave for raising the child up to 2 years or, in the case of the disabled child, up to 3 years;
e) the employee who is on leave for the care of the sick child up to 7 years old or, in the case of the disabled child, up to 18 years old.
(2) The prohibition provided in par. (1) lit. b) -e) extends only once with up to 6 months, after the employee returns to the unit.
(3) The provisions of para. (1) does not apply in the case of dismissals for economic reasons resulting from the termination of the position occupied by the employee, due to economic difficulties, technological changes or reorganization of the employer, according to the law.
(4) The provisions of para. (1) lit. d) and e) and of para. (2) and (3) shall also apply to male employees in the respective situations.
Art. 22. - (1) The employees provided in art. 21 paragraph (1), whose employment or service relationships have ceased for reasons which they consider to be related to their status, have the right to challenge the decision of the employer at the competent court, within 30 days from the date of its communication. , according to the law.
(2) The legal action of the employee provided for in par. (1) is exempt from the judicial stamp duty and the judicial stamp duty.
Art. 23. - If an employee challenges a decision of the employer, the burden of proof rests with him, being obliged to submit the evidence in his defense until the first day of appearance.
Art. 24. - (1) The employer who terminated the employment or service relationship with an employee provided for in art. 21 has the obligation that, within 7 days from the date of communication of this decision in writing to the employee, to send a copy of this document to the union or to the employees' representatives from the unit, as well as to the territorial labor inspectorate or, as the case may be, to the National Agency of Civil Servants servants.
(2) The copy of the decision shall be accompanied by the copies of the supporting documents for the measure taken.
Art. 25. - (1) The territorial labor inspectorate whose work is carried out by the employer or, as the case may be, the National Agency of Civil Servants, within 7 days from the date of receipt of the decision provided for in art. 23, has the obligation to issue an advisory opinion corresponding to the situation found.
(2) The territorial labor inspectorate or, as the case may be, the National Agency of Civil Servants shall transmit the opinion of the employer, the employee, as well as the union or the employees' representatives from the unit.
Art. 26. - (1) The employers have the obligation to display in a visible place, in each of the units they own, a copy of this emergency ordinance, a period of 6 months from the date of its publication in the Official Monitor of Romania , Part I.
(2) The union representatives or the elected representatives of the employees having attributions regarding ensuring the respect of equal opportunities between women and men, designated according to Law no. 202/2002 regarding the equality of chances between women and men, have the obligation to organize half-yearly, in the units in which they operate, information regarding the provisions of the present emergency ordinance.
Art. 27. - (1) The violation of the following provisions constitutes a contravention and is sanctioned as follows:
a) violation of the provisions provided in art. 4, 5, 6, art. 7 paragraph (1), art. 8, art. 12 paragraph (1) and (2), art. 17, 18 and art. 26 paragraph (1), with a fine from 25,000,000 lei to 50,000,000 lei;
b) violation of the provisions provided in art. 9, 10, 11, art. 12 paragraph (3), art. 13, 14, 15, 19, art. 20 paragraph (2) and (4), art. 21 paragraph (1) and (2), with a fine from 50,000,000 lei to 100,000,000 lei.
(2) The finding of the contraventions and the application of the corresponding contraventional fines are made by:
a) the labor inspectors within the territorial labor inspectorates whose territorial area is the headquarters or, as the case may be, the domicile of the employer and, respectively, by the authorized staff of the National Agency of Civil Servants, for the contraventions to the provisions provided in art. 6, art. 7 paragraph (1), art. 8, 9, art. 12 paragraph (3), art. 13, art. 17 paragraph (1), art. 18, art. 19 paragraph (1) and (4), art. 20 paragraph (2) and (4), art. 21 paragraph (1) and (2) and art. 26 paragraph (1);
b) the control staff from the county pension houses and other social insurance rights, for the contraventions to the provisions provided in art. 11;
c) the personnel empowered within the public health departments of the county and of the municipality of Bucharest, according to the sanitary legislation in force, for the contraventions to the provisions provided in art. 4, 5, 10, art. 12 paragraph (1) and (2), art. 14, 15, art. 17 paragraph (2) and art. 19 paragraph (2).
Art. 28. - The contraventions provided in art. 27 the provisions of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with modifications and completions by Law no. 180/2002, as subsequently amended.
Art. 29. - The annexes no. 1 and 2 are an integral part of this emergency ordinance.
Art. 30. - The present emergency ordinance enters into force on the date of submission to the Parliament and is applied starting with February 1, 2004.
Art. 31. - Within 90 days from publication, the Ministry of Labor, Social Solidarity and Family and the Ministry of Health will elaborate the rules for applying the present emergency ordinance, which is approved by Government decision.