Employment Flash News No. 5/2017

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LEGISLATION

News concerning the indemnity for parental leave

The Government Emergency Ordinance for the amendment and completion of the Government Emergency Ordinance no. 111/2010 regarding the parental leave and monthly indemnity was published within the Official Gazette no. 644 from August 7, 2017.

The new provisions set forth the maximum amount of the monthly indemnity for parental leave to RON 8500.

This maximum amount applies starting with the rights for September 2017.

News concerning the undeclared work

The Government Emergency Ordinance for the amendment and completion of Law no. 53/2003 – Labor Code was published within the Official Gazette no. 644 from August 7, 2017 and includes a number of new provisions, the main aspects being presented below.

The new provisions set forth a definition of undeclared work, that being:

  • Allowing a person to work without concluding the individual employment agreement in a written form, upon the day prior to starting the activity;
  • Allowing a person to work without submitting the employment relationship in the general registry of employees at the latest on the day prior to starting the activity;
  • Allowing an employee to work in the period during which the individual employment agreement is suspended;
  • Allowing an employee to work outside the working schedule set forth by the part time individual employment agreements.

The Emergency Ordinance also provides the obligation of concluding the individual employment agreement prior to the employee starting the activity and the obligation of concluding any addendum prior to the effective amendment, excepting the cases expressly provided by the law.

Also, the employer is obliged to keep at the work place a copy of the individual employment agreement for the employees performing work there and to keep track of the daily work hours of each employee, highlighting the start and the end of the working schedule.

The amendments are also in relation to sanctioning the breach of the legal provisions, as follows:

  • Allowing a person to work without concluding an individual employment agreement, as regards Art. 16 Para. (1), with a fine of RON 20,000 for each identified person;
  • Allowing a person to work without submitting the employment relationship in the general registry of employees at the latest on the day prior to starting the activity, with a fine of RON 20,000 for each identified person;
  • Allowing an employee to work in the period during which the individual employment agreement is suspended , with a fine of RON 20,000 for each identified person;
  • Allowing an employee to work outside the working schedule set forth by the part time individual employment agreements, with a fine of RON 10,000 for each identified person.

For the above listed situations, the employer may pay half of the fine within 48 hours as of the date of the minutes or, as the case may be, as of the date when it has been communicated. Moreover, the labour inspector may provide, as a complementary sanction, the closure of the activity organized at the work place which is subject to the control, under certain conditions. The employer may restart the activity after the payment of the administrative fine and after it is proven that the issues leading to the closure of the activity were solved.

Another introduced sanction is the one for breaching the provisions related to keeping at the work place a copy of the individual employment agreement for the employees who are working there, with a fine of RON 10,000 for each identified person.

The provisions entered into force on August 7, 2017.

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