POSTING OF WORKERS: NEW RULES APPLICABLE IN ROMANIA

As part of the effort to transpose into national law the European regulations regarding the posting of workers, Romania has recently passed a new law on the posting of workers. Law no. 16 as of 17 March 2017, published on 21 March in Official Journal no. 196, will become effective 60 days after its publication, namely on 20 May 2017. As of this date, Law no. 344/2006 will be repealed.

Before presenting the main elements introduced by the new law and its scope, it should be made clear that a “posted worker” is an employee sent by his employer to another Member State in order to provide a service on a temporary basis. It should also be noted that the new law transposes Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014.

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Law no. 16/2017 concerns both companies established in a Member State or in a State of the European Economic Area (EEA) that post employees in Romania, and companies established in Romania that post workers in another Member State or in an EEA State.

RIGHTS OF WORKERS POSTED IN ROMANIA AND OBLIGATIONS INCUMBENT TO COMPANIES

Regardless of the law applicable to the employment contract, to the work conditions provided by Romanian law and/or by the collective employment agreement, workers posted in Romania have the following rights:

The maximum duration of working time and the minimum duration of periodic rest;

The minimum duration of annual paid leave;

The minimum salary provided by the law, including compensation or remuneration of overtime work. Any allowance specific to transnational posting is regarded as an integral part of the minimum salary, except for amounts reimbursed in connection with posting, such as transport, accommodation and meal expenses;

The conditions applicable to the provision of employees by temporary employment agencies;

Occupational health and safety;

Protection measures applicable to working conditions for pregnant women or for women who recently gave birth, as well as for children and young people;

Equal treatment of men and women, as well as other non-discrimination provisions.

Companies’ compliance with their obligations is verified by the Labor Inspectorate; this institution imposes several obligations to companies that post workers in Romania, such as:

To submit to the Labor Inspectorate from the district where the employees will work a statement, in Romanian language, regarding the posting of their own personnel, on the last business day prior to the commencement of the activity;

To provide labor inspectors with copies of employment contracts or any other equivalent document, copies of documents certifying the amount of the salary and the payment thereof, the duration of working time and the timecard, and, where needed, a translation into Romanian thereof;

After posting has ended, to submit the above mentioned documents, upon request from the Labor Inspectorate, no later than 20 business from the receipt of the said request;

To appoint a person who will liaise with the national competent authorities.