Accordin Romanin law, through delegation, the employee's workplace (as specified in the individual employment contract) can be temporarily changed.
If the Individual Employment Contract stipulates that the activity is to be carried out regularly in different locations or while traveling, this does not fall under the scope of delegation.
Delegation does not involve modifying or suspending the Employment Contract. It cannot be imposed or extended as a disciplinary sanction or in a harassing manner.
Delegation can be ordered for a maximum of 60 calendar days within a 12-month period. This can be ordered either all at once or multiple fractions. It can be extended successively for up to 60 calendar days, but only with the employee’s consent.
Delegation is ordered unilaterally by the employer, who exclusively determines its necessity.
As a rule, if delegation is ordered ccording to the law, it cannot be refused and is mandatory for the employee; refusal can lead to disciplinary action.
However, if the Collective Labor Agreement or Individual Employment Contract stipulates the right to refuse, delegation can be refused under the agreed conditions. We believe that, even in the absence of such provisions, there can be justified reasons that the employee can prove to refuse delegation without penalties (for example, a minor under the exclusive care of the delegated employee, medical conditions, or specific aspects of the new work location).
For extensions, the employee's consent is required, and the employee cannot be penalized for refusing it.
During delegation, the employee retains their position and all other rights provided in the individual employment contract, including appropriate health and safety measures at the new work location. If work conditions change during the delegation, a prior medical certificate is mandatory.
Delegation cannot lead to changes in the Job Description – tasks and duties must remain consistent with the employee’s responsibilities. With the employee’s consent, specific conditions of the new work location can be detailed.
The delegated employee is entitled to reimbursement for transport and accommodation expenses, as well as a delegation allowance, as provided by law or the applicable collective labor agreement, and other agreed benefits with the employer.
The delegation allowance (excluding transport and accommodation expenses) is exempt from income tax and social contributions for the employee and is tax-deductible for the employer, within the legal limits.
