Day workers law, applicable from June 17, 2014, has been updated by Law 18/2014 amending Law 52/2011 and Emergency Ordinance 36/2014 amending Law 18/2014.

The obligations of the beneficiary

The people who work with day workers will use a new model of register of day workers, document to be drawn up and necessarily submitted to the Labor Inspection every month.

The workers remuneration may be paid at the end of each day by any means of payment allowed by law. The payment will be made at the latest at the end of the week or of the period of activities.

The beneficiary must also:

• to provide necessary medical care / funeral expenses for the accident or the death of workers after an occurrence by the beneficiary fault;
• to ensure the safety and health at work of day workers;
• to train the day workers before starting;
• to request the signatures of the day workers, for they assume their own responsibility that the health status permit them to do the distributed activities;
• to immediately notify ITM jurisdiction over any event occurred which involved day workers;
• to record occupational accidents suffered by the workers during their activity.

The obligations of day workers

The day workers have, among others, obligations relating to health and safety at work, according to law 18/2014. Thus, people who work as day workers, shall:

• acquire and comply with preventive measures and protection of the beneficiary;
• proper use of work equipment provided by the beneficiary;
• correctly use the personal provided protective equipment and return it or put it in place intended for storage;
• not modify in any way their own security devices work equipment;
• immediately notify any situation in the activity when have good reasons to consider it a danger to health and safety;
• provide the labor inspectors all information and documents required when performing checks.

Other changes brought by the day workers law

The amount of hourly gross remuneration can not be less than the basic hourly gross minimum salary guaranteed in payment. From 1 July 2014, in the context of increasing of the minimum wage to 900 lei for a full work 168 hours per month on average in 2014, the value will be 5.357 lei / hour.

Areas where the day workers can work were set at:

• Agriculture, hunting and related service activities, except livestock farmers in half-free system and traditional transhumance – Division 01;
• Forestry, except forestry exploatation – Division 02;
• Fisheries and aquaculture – Division 03;
• Collection, treatment and disposal of hazardous waste – Class 3821 and 3811;
• Recovery of materials – Group 383;
• Wholesale of agricultural raw materials and live animals – group 462;
• Organisation of exhibitions, fairs and congresses – Group 823;
• Advertisement – Group 731;
• Artistic interpretation activities – performances – Class 9001, support activities for artistic interpretation – performances – Class 9002 and management activities auditoria – Class 9004;
• Research and experimental development on social sciences and humanities – Class 7220 (excavations);
• Activities in greenhouses, green spaces, parks and zoos – code 0141;
• Hotels and other accommodation facilities – Division 55 (camps organized by the Ministry of Youth and Sports (MTS) directly or subordinated units);
• Operation of sports – Division 9311;
• Activities of sports clubs – Division 9312.

The new provisions also modified the fines for beneficiaries, the values look like this:

• 10.000 lei for breaking the provisions on gross hourly remuneration;
• 6.000 lei for breaking of the obligations of art. 5, paragraph 2 of Law no. 52/2011 updated: ensuring the protective equipment, the communication of events in which were involved day workers, recording the occupational accidents suffered by laborers, recording the day workers in the Register and submitting monthly statement of the Registry;
• 20.000 lei and banning the using of day workers in the rest of the beneficiary lifetime for unpaid income tax due to the activities performed by laborers;
• between 10.000 and 20.000 lei – the using of day workers for activities other than those stipulated in the law;
• 6.000 lei for non-compliance with art. 4 of Law no. 52/2011 updated during occasional activity performed by laborers, the case when a day worker is a minor etc.

Attention! The beneficiary of works performed by day workers can not be an individual. He must be a legal entity, authorized individual, individual or family business enterprise.

A definition of occasional activities was introduce. These are activities that occur by chance, sporadic or accidental and which are not permanent.

In addition, the new legal provisions have introduced the possibility that also the citizens of other states or stateless persons who live / have the residence in Romania may have occasional unqualified activities.

See also Smart Update – New rules for day workers

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