Employment Flash News No. 3/2016

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News on smoking at the work place

Law no. 15/2016 for the amendment and completion of Law no. 349/2002 on preventing and fighting the effects of consuming tobacco products was published within the Official Gazette no. 72 from February 1st, 2016.

The new provisions completely prohibit smoking in closed spaces at the work place.

According to the new provisions, a closed space is defined as any space which has a roof, ceiling or cover and is bordered by at least two walls, regardless of their nature or temporarily or permanent character, located at the work place, as such is defined by Law no. 319/2006 for health and safety at work, subsequently amended.

Also, the new provisions are setting forth the employers’ obligation to draft and establish internal regulations concerning the prohibition of smoking within closed spaces at the work place, including by stating that any breach of this rule represents serious misconduct and by marking the aforementioned spaces with “Smoking is prohibited” indicators and using the international symbol – the cigarette barred by a transversal line.

Non-compliance by the employers with the provisions regarding the prohibition of smoking in closed spaces at the work place is sanctioned with a fine of 5.000 RON (approx. 1.117 EUR) in case of a first time offence, for the second offence the fine is 10.000 RON (approx. 2.234 EUR) and the complementary sanction of suspension of activity till the situation that lead to the suspension of activity is rectified. Afterwards, a new offence is sanctioned with a fine of 15.000 RON (approx. 3.350 EUR) and the complementary sanction of closing the unit.

The new provisions will become effective as of March 17th, 2016.

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