Last updated: 10 March 2022
In the context of the security crisis generated by the war in Ukraine, allow us to remind you some of the obligations of employers under the Law no. 446/30.11.2006 on preparing the population for defence, entered into force January 1st, 2007.
The Law no. 446/2006 is currently under analysis for being amended, but until new legal provisions are adopted, those listed below remain in force and must be complied with.
Military record of employees
According to art. 46 of Law no. 446/2006, the employers have some obligations with respect to military records of their employees or, as the case may be, of those whose individual employment contracts have ended. Thus, employers must:
a) keep records of enlisting citizens and reservists and send to the military centres monthly reports on enlisting, transfers, termination of employment, and any other changes in their military records data;
b) request new hires who are aimed at by this law (20-35-year-olds) personal documents of military record;
c) provide the necessary support to the employees for the fulfillment of the obligations related to the military service;
d) suspend, according with the law, the employment relationships where absence from work is required, as the case may be, with the employees who take part in mobilization exercises and trainings, who are in conscription, according to the law, or completing military service. Employers must maintain their jobs for as long as their employees perform military duties.
Definitions
Under the law, CITIZENS ELIGIBLE for enlisting are Romanian citizens, male, aged between 20 to 35, who meet the criteria to perform military service.
REZERVISTS are Romanian citizens, men and women, who have completed active duty military service or who are in reserve.
The document certifying the military status of citizens or conscripts is the recruitment certificate, while for reservists it is the military booklet.
Penalities
According to the law, failure to keep track of enlisting citizens and reservists is considered a contravention and is punishable by a fine of 16 to 20 points (one point = 20% of the minimum gross salary in the country).
Regarding the contraventions, the provisions of Law no. 446 are completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, which provides that payment of half of the minimum fine provided by law is possible within 48 hours since the penalty is applied.
Such contravention is found and sanctioned by the representatives duly delegated of the Chief of Staff of the Army or by the commander of the military center and the officers specially appointed thereby, within the jurisdiction of the military center.
Conclusion
Considering the current security context, it is advisable for employers to verify that the provisions of law no. 446/2006 are duly abided by and that the file of each employee concerned contains either a recruitment certificate / booklet or a declaration of non-performance of military service, given that Romania suspended mandatory military service since 2006, by Law no. 395/2005, entered into force December 23, 2005.