Romania

28. 6. 2012

The document contains detailed information on terms of posting workers to EU member states including local conditions of employment. Each member state is described its notification duty, competent institutions for particular steps incl. contacts, data to be notified, sanctions for not complying with the regulations, etc.

Notification duty

Yes

Notification office

County Labour Inspectorates. There are 42 counties in Romania with an inspectorate in every county capital. The inspectorate located in the county where the work is pursued shall be contacted.

Tax office where posted employees must register when exceeding 183 days in Romania

If the period of posting exceeds 183 days within 12 consecutive months, the undertaking must register for tax purposes with the Tax (Financial) Office in the county where employees are posted and work pursued.

Period of notification of posting

At least five days prior to the commencement of work, one day at the latest.

Sanctions for failure to notify

Failure to send the form to the competent county inspectorate in time leads to a fine of 4,500 to 9,000 lei.

Notification form

The up-to-date version is not available on the Internet.

  • Notification form
  • Declaration

Data to be notified

  • Contact data, name, seat of the company posting workers
  • Contact data, name, seat of the company where the employees are posted
  • Date of the commencement and termination of posting
  • Assumed length of the posting period

A copy of a contract between the company posting workers to Romania and the client must be enclosed to the notification.

Maximum length of working time

8 hours/day, 40 hours/week; a maximum of 48 hours a week including overtime. Exceptions may occur, for example when the working time is 12 hours a day, the subsequent rest period must be 24 hours.

Minimum length of holidays

20 working days

Minimum length of a rest period

8 hours a day, 5 days a week

Minimum wage

The current minimum wage ranges from 600 – 1,200 Lei depending on qualification and type of work (600 lei for workers without qualification, 1200 lei for university educated employees). Overtime work may either be reimbursed or compensated with days off. The rate for overtime is the subject of negotiations between an employer and an employee however it can not be less than 75 % of the gross salary.

Documents to be available at the place of pursuance of work

  • E 101 or E 102 forms
  • EHIC – European Health Insurance Card
  • identification document

A legal representative of a posting company or an employee being entrusted to act as a contact person must be able to prove, upon request of Labour Inspectorate officers, that posted employees are granted a wage, holidays, etc. in accordance with Romanian regulations. It is recommended keeping a copy of the contract between the enterprise posting workers and the client, the list of posted employees, documents proving the wage rates, working time, etc.

Necessity to translate documents

Not required however, it is recommended due to the fact that the form must be completed in Romanian.

Obligation to store the documents

No

Obligation to entrust a responsible representative

Either a Romanian legal entity or one of the posted employees must be entrusted as a contact person regarding posting affairs. The same applies to mail delivery.

Obligation to entrust a responsible representative for receiving papers

Either a Romanian legal entity or one of posted employees must be entrusted as a contact person regarding mail/papers delivery.

Discussion

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