Employment Flash News No. 2/2013
News on the activity of daily workers
Law no. 277/2013 for the amendment of Law no. 52/2011 on activities performed by daily workers has been published within the Official Gazette no. 661 dated October 24, 2013, and will enter into force starting November 1, 2013.
The new legal provisions expand the area of beneficiaries of works. Thus, daily workers may be used not only by legal persons, but by natural persons, freelancers or individual entrepreneurs owners of individual or family business enterprises too.
The new provisions expressly set forth that the under aged daily worker will not perform night time activity. The law also provides a maximum period of 30 hours per week during which minors may perform occasional unskilled work.
Moreover, according to the new legal provisions, the payment of the daily worker’s remuneration can be made not only at the end of each working day, but also at the end of the period activity is performed, only with the written consent of the parties.
In the matter of administrative sanctions, there are two new obligations triggering the application of administrative fines. Thus, violating the right to establish remuneration by direct negotiation between the parties shall be sanctioned by a fine ranging from RON 4.000 to 10.000 (approx. from EUR 900 to 2.250). Furthermore, violating the day worker’s right to protection equipment and working equipment shall be sanctioned with a fine ranging from RON 3.000 to 6.000 (approx. EUR 650 to 1.350).
The law also attenuates the sanctioning regime in case of non-compliance with the provisions of Law no. 52/2011, as follows:
- Failure to comply with obligations regarding the duration of the occasional unqualified activity, the establishing of remuneration by direct negotiation between parties or the remuneration payment may be fined with RON 4.000 to 10.000 (approx. EUR 900 to 2.250).
- Failure to comply with any other obligations of the beneficiary (except income tax for daily workers’ activity) may be sanctioned with a fine ranging from RON 3.000 to 6.000 (approx. EUR 650 to 1.350).