ROMANIA: Amendments regarding posting of workers to Romania

Amendments to the Methodological rules on the posting of workers within transnational services provision in Romania.

Under amendments to the Methodological rules on the posting of workers (the Rules), the provisions on administrative cooperation, assessment of risks arising from non-compliance with the provisions on the posting of workers have been supplemented, the notice period has been amended, and the procedure for extending the period of posting and the situation where the posted worker is working in another Member State have been regulated.

As regards administrative cooperation, in order to obtain and forward documents on the activity of workers to the requesting authority, the Labour Inspection will request territorial labour inspectorates to carry out inspections and controls in order to identify any non-compliance or abuses concerning transnational posting, including cases of undeclared work and false self-employment.

The notice period for transnational posting has been amended. Notice must be sent to the territorial labour inspectorate no later than before the start of the posting and any change occurring during the posting must be notified no later than the day the change occurs.

With the introduction of Article 71, the procedure for extending the period of posting has been regulated and a notification template has been introduced in Annex 2 to the Rules.

An additional criterion has been introduced for assessing the risks caused by non-compliance with the provisions on the posting of workers. For the purposes of risk assessment, the Labour Inspection or the territorial labour inspectorate will also consider other sources of media information it comes into contact with or becomes aware of.

Furthermore, the situation where the posted worker is carrying out their activity in another Member State has been regulated. In this case the worker is considered to be posted by the temporary employment agency that provided the worker and the user undertaking is obliged to inform the temporary employment agency at least 30 days before the worker starts working in another Member State and to notify the territorial labour inspectorate no later than the day before the worker is posted.

The bnt team in Romania is at your disposal for further information, assistance in implementing the new legal provisions, as well as in drafting necessary documents.

Source:

Government Decision no. 654/2021 amending and supplementing the methodological rules on the posting of workers within transnational service provision in the territory of Romania, approved by Government Decision no. 337/2017.

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