Employment Flash News No. 2/2019

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LEGISLATION

News on daily workers

Government Emergency Ordinance no. 114/2018 on the establishment of measures in the field of public investments and of fiscal – budgetary measures, the amendment and completion of certain normative acts and the extension of certain deadlines was published within the Official Gazette no. 1116 dated December 29th, 2018.

The new legal provisions amend the Law no. 52/2011 regarding the exercise of occasional activities performed by daily workers, as follows:

  • A person may not perform daily worker activities for more than 120 days during a calendar year, irrespective of the number of companies for which he/she has worked, except for daily workers that are working in the field of extensively livestock through the seasonal grazing of sheep, cattle and horses, of seasonal activities in botanical gardens in the subordination of accredited universities, as well as in the wine sector, for which the period may be 180 days during a calendar year.
  • Companies for whom daily workers are working, cannot use a daily worker for more than 25 consecutive calendar days in these activities. In this respect, the legal provisions set forth that if the work done by a daily worker requires more than 25 consecutive calendar days, such a worker can be used on a fixed-term contract.

Furthermore, these legislative changes limit the areas where daily workers can be used, to the following areas:

  • agriculture, hunting and related services – division 01;
  • forestry, with the exception of forest exploitation – division 02;
  • fishery and aquaculture – division 03.

We mention that non-compliance with these provisions could trigger fines of RON 6,000 (approx. EUR 1300). The law also sets a fine for the daily worker in the event of non-compliance with the maximum period for which he can work as a daily worker, ranging from RON 500 (approx. EUR 110) to RON 2,000 (approximately EUR 430).

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