In 2023 amendments to the Labour Code were adopted, pursuant to which, from 01.06.2025, paper employment record books of employees will be replaced by the so-called unified electronic employment records (“UEER”) - an official certification document that will contain data and circumstances regarding the employee's labour activity.
In the Council of Ministers' Public Consultation Portal a draft Ordinance about the procedure and data required for entry in the employment register (the “Ordinance”) has been published. The purpose of it is to regulate the procedure by which employers and other persons will provide the UEER data in order to be entered in the so-called Employment Register (“the Register”), maintained by the National Revenue Agency (“NRA”).
According to the Ordinance, the entry, correction and deletion of UEER data shall be made pursuant to a template form by (1) the employer or an official authorized by the employer; (2) the appointing authority or an official determined by it; and (3) an official of the General Labour Inspectorate (“GLI”). All three categories of persons shall submit the applications for entry, correction and deletion of UEER data with a qualified electronic signature through the electronic services portal of the NRA or on an electronic medium with a cover letter in accordance with the approved form - Appendix № 4 to the Ordinance.
The term for the employer to submit the UEER application varies depending on the nature of the data that has to be entered. In certain cases, the deadline is 3 days (for instance, when an employment contract is concluded or upon its amendment), while in others it is 7 days (upon termination of the employment relationship, upon entry into force of a court decision recognizing an unlawful dismissal, etc.) from the occurrence of the relevant ground for entry.
Upon receipt of the application for entry, NRA should enter the data in the new Register, and issue a protocol to the employer about the recorded and unrecorded entries, including the reasons for the entry refusal, if any. Within three days of receipt of the protocol, the employer shall remedy the reason for the entry refusal and shall submit a new application. A copy of the protocol shall be provided to the employee.
In the event that a control body of the GLI or a revenue body of the NRA finds a discrepancy between what is entered in the UEER and respectively the Register, and the actual situation under the employment relationship, the employer shall carry out the entry, respectively its correction or deletion within three days of the discovery of the discrepancy. As stated above, the GLI itself may make entries in the Register ex officio in certain hypotheses specified in the Ordinance - for example, in the event of ex officio termination of the employment relationship due to the ceasing of the employer's activity.
Access to the data in the Register is available to employees themselves (in respect of their data) and to parents, guardians and custodians of employees below the age of 18. Employers shall also be granted access for persons who are currently their employees, with the exception of remuneration and compensation data under previous employers.
The ordinance enters into force on June 1, 2025, the same date on which the related Labor Code amendments will take effect. Undoubtedly, the new legal framework will have a significant impact on businesses, imposing additional obligations on employers to maintain regular and accurate data about their employees in electronic form and to submit this information to the relevant competent authorities in a timely manner.
