Employment Flash News No. 4/2019 – News on daily workers

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Government Emergency Ordinance no. 26/2019 on the amendment and completion of certain normative acts was published within the Official Gazette no. 309 dated April 19th, 2019.

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

  • The possibility to perform daily worker activities for a period of maximum 180 cumulative days during a calendar year in the agriculture field (as opposed to 90 days, as it was until now);
  • The Electronic Register of Daily Workers, which shall be filled in and sent on a daily basis by the employers, before the beginning of the activity of each daily worker, is set up;
  • The daily workers will be insured in the public pension system, but they will not be insured in the public health system and in the insurance system for accidents at work and occupational diseases.

Furthermore, these legislative changes extend the areas in which daily workers can be used, to the following areas:

a) agriculture, hunting and related services – division 01;

b) forestry, with the exception of forest exploitation – division 02;

c) fishery and aquaculture – division 03;

d) activities of organization of exhibitions, fairs and congresses – group 823;

e) advertising – group 731;

f) artistic performances – spectacles – class 9001, support activities for artistic performances – spectacles – class 9002 and activities of management of spectacle venues – class 9004;

g) raising and reproduction of semi-domestic animals and of other animals – class 0149;

h) catering activities for events from division 5621;

i) landscape maintenance activities – planting, care and maintenance of parks and gardens, except for private housing facility – class 8130;

j) restaurants – class 5610;

k) bars and other beverage serving activities – class 5630;

l) activities of zoological or botanical gardens and of nature reserves – class 9140.

News on Labor Code

Through the same Government Emergency Ordinance no. 26/2019 on the amendment and completion of certain normative acts the Labor Code was amended, an additional rest leave being introduced for employees undergoing an in vitro fertilization procedure.

Thus, the employees undergoing an in vitro procedure receive annually an additional, paid, three-day rest leave, which is granted as follows:

a) 1 day at the time of ovarian puncture;

b) 2 days starting with the date of the embriotransfer.

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