Employment Flash News No. 2/2018

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LEGISLATION

The Government Decision no. 33/2018 regarding  the administrative offenses the Prevention Law no. 270/2017 refers to and regarding the remediation plan template was published within the Official Gazette no. 107/February 5th 2018.

According to the Prevention Law, if the agent of the competent authorities/bodies discovers the perpetration of one or more of the deeds mentioned within Government Decision no. 33/2018, the agent will draft a minutes ascertaining the offense and applying a warning as a sanction in this respect. With some exceptions laid down by the law, the agent shall also attach a remediation plan.

Some of the administrative offenses for which the approach mentioned above is regulated refer to the following aspects:

  • non-compliance with the obligation of the signatory parties to send  for publication the collective bargaining agreement adopted at group/sector of activity level;
  • non-compliance of the transferor/transferee with the obligations provided by Law no. 67/2006 regarding the protection of employee rights in case of transfers of undertakings, businesses or parts of undertakings or businesses;
  • non-compliance of the employer with the obligation to submit to the employee representatives the information contained by Art. 5 Par. (1) of Law no. 467/2006 regarding the general framework of information and consultation of employees;
  • non-compliance with  the obligation to obtain the functioning authorization in matters of occupational health and safety prior to the commencement of the activity, according to the applicable legislation;
  • non-compliance with the obligation of the employer to draft reports for the competent authorities regarding occupational accidents suffered by its employees, according to the applicable legislation.

The normative act entered into force on the date of its publication within the Official Gazette (February 5th, 2018).

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