Amendment of the regulations on the performance of certain seasonal activities by day- workers
Law no. 18 of March 7, 2013 for amending and supplementing Law no. 52/2011 on the performance of certain seasonal activities by day-workers, as well as the amendment of Article 8 (1) of Law no. 416/2001 on the minimum guaranteed income, was published in the Official Gazette of Romania, Part I, no. 192 of March 19, 2014.
The new regulation amends the legal provisions related to seasonal activities performed by day-workers, of which we mention:
- Amendment of the definitions of certain terms, such as day-worker, beneficiary of the works, registry of day-workers and seasonal activities;
- Specification that the employment relationship will be established by the agreement between the day- worker and the beneficiary, without any execution of a written individual employment agreement being required;
- Introduction of certain obligations for the beneficiary and the day-worker as concerns occupational health and safety;
- Introduction of an obligation for the beneficiary to incur the expenses required for medical care (or funerals) from own funds, if an event was to occur due to its fault following the day-worker’s involvement in an accident or death;
- Amendment of the amount of the gross hourly remuneration which cannot be lower than the value/hour of the national minimum gross basic salary guaranteed for payment;
- Amendment of the provisions on contraventional liability (including the increase of the fine for breaching the provisions regarding the remuneration owed to day-workers and the sanctioning of the use of day-workers for activities other than those expressly regulated under the law);
- Amendment of the template register of day-workers and of the instructions to fill in such register. The provisions of the law enter into force 90 days upon its publication in the Official Gazette of Romania.