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Romania

Staff welfare

Updated 10/2013

Legal requirements

The Codul Muncii (Labour Code) governs employees' rights with regard to social protection in Romania.

Social regulations

Non-discrimination, equal treatment and equality of opportunity between women and men

By law, all direct or indirect discrimination against an employee based on gender, sexual orientation, genetic features, age, nationality, race, colour, ethnicity, religion, political orientation, social origin, disability, background or family responsibility, union membership or activity is prohibited within the framework of employment relations. The principle of equal treatment and the fight against discrimination are governed by both the Labour Code and other legislation.

Health and safety at work

Employers must ensure the employees' health and safety in all work-related aspects.

In 2006, as part of its responsibilities regarding the translation into the national legislation of the Community legislation regarding health and safety at work, the Ministry of Labour, Family, and Social Protection produced the draft that transposed the COUNCIL DIRECTIVE 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. The law was adopted by the Romanian Parliament and published in the Official Gazette no 646 of 26 July 2006, as Law no 319/2006 on safety and health at work.

The purpose of adopting Law no 319/2006 on safety and health at work was to establish some measures for promoting the improvement of workers' health and safety at work. The normative act is applied in all economic sectors, both public and private, to employers, workers, and workers' representatives.

Law no 319/2006 on safety and health at work establishes general principles regarding the prevention of occupational risks, the protection of workers' health and safety, the elimination of risk and injury factors, the information, consultation, balanced participation according to the law, and training of workers and their representatives, as well as general guidelines for implementing these principles.

By law, employers are obliged to take the necessary measures to:

  • ensure the safety of and protect the health of workers;
  • prevent occupational hazards;
  • inform and instruct workers;
  • provide an organisational framework and the means required to ensure safety and health in the workplace.

The employer may appoint one or more employees to carry out activities relating to health and safety at work. In micro-enterprises or small enterprises that carry out activities incurring no particular risks, employers may themselves deal with workplace safety and health if they have the necessary qualifications in this area.

Failure to take legally required workplace safety and health measures constitutes an offence and can be punished by way of a fine or imprisonment.

In order to apply the provisions of Law no 319/2006, the Methodological norms for the application thereof were approved by Government Resolution no 1425/2006. These norms establish essential regulations regarding the provision of health and safety conditions at work and the prevention of work-related accidents and occupational illnesses.

The national normative framework in the field of health and safety at work is complemented by a series of normative acts establishing minimal health and safety requirements regarding the general conditions, risks, activities, and specific groups.

The Inspecţia Muncii (Labour Inspectorate) is the authority empowered to monitor the application of the legislation on health and safety at work and employment relations. The Labour Inspectorate manages the local labour inspectorates established at the level of each county.

Employment law

Contractual law

Working relations between employers and employees are governed by the Labour Code.

By law, the normal duration of working time is eight hours per day. The legal maximum period cannot exceed 48 hours per week, including overtime.

Employees are entitled to at least 21 working days of annual leave.

Working relations

The procedure for negotiating and entering into collective employment contracts is provided by Law no 62 of 10 May 2011 on social dialogue.

Collective employment contracts can be negotiated at the level of organisations, groups of organisations, and business sectors.

Collective negotiation is mandatory only at organisation level, except if the organisation has less than 21 employees.

Collective employment contracts are entered into for a fixed-term period that cannot be less than 12 months or more than 24 months.

Health and safety at work

The Law on safety and health at work establishes general principles regarding the prevention of occupational risks, the protection of workers' health and safety, the elimination of risk and injury factors, the information, consultation, balanced participation according to the law, and training of workers and their representatives, as well as general guidelines for implementing these principles. The law regulates the following normative acts:

  • the methodological application norms;
  • the Government resolutions transposing the specific directives on health and safety at work;

Disputes

When dealing with work disputes, employers must comply with the provisions of Law no 62/2011 on social dialogue, republished, as amended, and Law no 53/2003 - Labour Code, republished, as amended.

Individual labour conflicts are initially solved by the court. The petition to solve individual labour conflicts is addressed to the court that has jurisdiction in the place where the plaintiff lives or works.

Mandatory social rules complete the requirements related to managing staff.

Businesses are free to go beyond the minimum social legal requirements at their own initiative.

Administrative procedures

Non-discrimination, equal treatment and equality of opportunity between women and men

The Consiliul Naţional pentru Combaterea Discriminării, CNCD (National Council for Combating Discrimination), the Ministry of Labour, Family, Social Protection, and Elderly People, and the Labour Inspectorate can be consulted in the event of any disputes regarding discrimination.

Health and safety at work

Any event, as defined in the Law no 319/2006 on safety and health at work, shall be immediately notified to the employer by the person in charge of the workplace or by any other person aware of its occurrence.

The employer must immediately communicate such events to:

  • a) the local labour inspectorates - all events
  • b) the insurer, according to Law no 346/2002 on work-related accident and occupational illness insurance, as amended - events followed by temporary inability to work, invalidity or death, upon confirmation thereof;
  • c) criminal prosecution authorities, as the case may be.

Any physician, including the occupational medicine physician that has a contractual relation with the employer in compliance with the legal provisions, must notify his/her suspicion regarding an occupational or work-related illness identified during his/her medical activity.

The above-mentioned notification shall be made to the local public health authority or the public health authority of the city of Bucharest, as soon as the case is identified.

Work-related accidents must be reported by employers to the Local Labour Inspectorate and to their insurers.

The legal procedures relating to obtaining the operation authorisation from the point of view of health and safety at work include:

  • filing an affidavit regarding compliance with legislation;
  • obtaining a permit to operate from the competent authorities.

In general, operation authorisations from the point of view of health and safety at work can be obtained from the National Trade Register Office according to Law 359/2004. For activities that are not authorised according to Law 359/2004, the authorisation regarding health and safety at work is done by the Local Labour Inspectorates.

Social security

Employers are obliged to pay social security contributions to the offices of the State Treasury where they are registered as taxpayers. The general deadline for payment is the 25th of each month.

Employers must also declare these obligations to the local tax authorities with which they are registered as taxpayers.

Help & advice

Help & advice

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