Employment Flash No. 7/2021 – Latest news in the labor law field
23.06.2021 – The Government Decision no. 654/16.06.2021 amending and completing the Methodological Norms regarding the posting of employees within provision of transnational services on the Romanian territory was published within the Official Gazette no. 611 dated June 18th, 2021.
According to the provisions of the Government Decision, the following main aspects have been amended / introduced:
- It is expressly mentioned that within the framework of administrative cooperation, the Labor Inspectorate orders territorial inspectorates to perform checks and controls, especially with respect to any non-compliance or abuse regarding the norms applicable to transnational posting, including transnational cases of undeclared work or fictitious independent activity in the field of transnational posting of workers;
- Entities that post employees to Romania submit the declaration regarding the transnational posting of employees to the territorial labor inspectorate at the latest before starting the activity (previously, the deadline provided was of at least one working day before starting the activity);
- the template for the declaration mentioned above has been amended and is provided as Annex no. 1 to the current form of the Methodological Norms under discussion – among others, the declaration template contains an express reference to the exact transnational measure intended: transnational posting to Romania to a beneficiary/group company or provision of workers by a temporary workforce agency;
- any amendment of the elements from Annex no. 1 to the Methodological Norms shall be communicated at the latest on the day of the change (previously a term of 5 working days from the date of the change was provided);
- if the employee, who has been supplied to the user undertaking, carries out his/her activity on the territory of a Member State other than Romania, in the context of transnational provision of services, the user undertaking being the one applying the relevant provisions, the user undertaking has the obligation to inform not only the temporary work agent who supplied the employee (at least 30 days before starting the activity on the territory of the respective state), but also to notify the territorial labor inspectorate, at the latest the day before the employee’s posting on the territory of that state member.
As an element of novelty, in light of the provisions from Law no. 16/2017 on the application of all mandatory working and employment conditions in Romania once the effective duration of the posting exceeds 12 months / 18 months from the motivated notification from the employer, the application norms, as completed, also provide the model (in Annex no. 2 to the Methodological Norms) and the manner of transmission of such notification to the territorial labor inspectorates.
The Romanian version of this newsletter is available here.