ROMANIA – New Notification and Document Storage Requirements for Posted Workers
Law 16/2017 of 17 March 2017 transposes into Romanian law European Union (EU) Directive 2014/67 (concerning the posting of workers in the framework of the provision of services), and replaces Law 344/2006.
Effective 20 May 2017, all companies based in an EU or EEA member state or Switzerland posting employees to Romania, as well as Romania-based companies posting employees to an EU or EEA member state or Switzerland, must comply with new notification and document retention rules.
The employer is obliged to report the posting to the Regional Labour Inspectorate (RLI) at least one business day prior to the start date (previously the notification period was five days prior to the start date).
Employers must provide the following information:
details of the recipient institution, including confirmation of the district in which the institution is located; The details of the sending company, including its full name, address and fiscal identification number; The name of the legal representative of the foreign company in Romania; The details of the representative of the company in Romania, who is designated to serve as liaison with the labour authorities; The full name, address and fiscal identification number of the company in Romania; The period and purpose of the assignment; The full name, date of birth, citizenship, Romanian ID number, and job title (in Romania) of the posted worker; and For non-EU assignees, a second declaration containing details of the assignee.
Such communication must be made in Romanian.
For at least three years after the end of the posting, both sending and host companies must keep hard or soft copies of:
The original registered notification; A document confirming the details of the person who represents the company and liaises with the labour inspectorate authorities; Information regarding the working schedule and records of daily presence at work; and The secondment letter for each posted worker, plus a notarized Romanian translation of the document. The letter must contain the salary (with currency confirmed), details regarding payment, the period of the assignment, the sending and receiving companies, and other general conditions of the secondment. Additionally, it should contain conditions regarding the re-admission of the foreign national, where applicable.
During the three-year period for which the records must be kept, the Romanian company has the obligation to present these documents within 20 days in the case of a labour inspection.
Sending employers must also designate a person in Romania to communicate with the labour authorities. This person may be a seconded employee.
A posted worker is an employee (EU national or third-country national) who is sent by his or her employer in one EU Member State to carry out a service in another EU Member State.
The Posting of Workers Directive (1996/71/EC) established rules guaranteeing that the core rights and working conditions of posted workers are protected throughout the EU.
The Enforcement Directive (2014/67/EU), which was meant to be transposed by Member States by 18 June 2016, aims to strengthen the practical application of the Posting of Workers Directive.
EU-based companies posting foreign national employees to Romania should ensure that they comply with the new notification and document retention requirements.