NEW PROVISIONS IN LABOUR LAW

New labour law and social law provisions have come into force in June. These new provisions refer to daily workers and are fairly important.

WHAT IS A DAILY WORKER ?

We are reminding you that a daily worker is a natural person performing non-qualified and occasional works for other persons (be it legal or self employed persons) in exchange for a daily pay. The domains in which daily workers are authorised to carry out their activity: agriculture, fishing, non-hazardous waste, wholesale trade of livestock, exhibitions, fairs, shows, archaeological research, works performed in parks and greenhouses. Housecleaning is not included, therefore housekeepers are
not daily workers!

The minimum age for daily workers is 16, but young people can perform daily works since 15, provided they have their parents’/legal representatives’ approval.

THE MINIMUM AMOUNT TO BE PAID TO A DAILY WORKER

In accordance with the new legal provisions, a daily worker’s daily pay cannot be inferior to the national hourly pay, namely 5.059 Lei/hour and 5.357 Lei/hour starting from July 2014. The former form of the law was allowing an hourly pay of 2 Lei. The fee is paid at the end of the working day. Nevertheless, according to the new provisions, the parties can agree in writing for the fee to be paid at the end of the working week or at the end of the worker’s activity.

THE BENEFICIARY'S OBLIGATIONS

Please note that the work relations between the beneficiary thereof and the daily worker are established by the parties’ verbal agreement, without any written labour agreement.

Nevertheless, in order to protect workers, the Law expressly provides the beneficiary’s obligations. The latest modifications have expanded these obligations. Therefore, the beneficiary shall mainly have the following obligations towards daily workers.

1. To ensure the necessary health and security conditions at the workplace;


2. To inform the worker with respect to the risks to which he/she is subject during his/her activity and the preventive and protection measures that the worker has to abide by;


3. To request to the worker a sworn statement certifying the fact that his/her health allows him/her to perform the tasks given to him/her;


4. To provide workers with adequate equipment, not hazardous for their health and safety;


5. To provide workers with individual protection equipment;


6. To immediately notify all accidents to the territorial labour inspection;


7. To record work accidents suffered by workers during their activity

Moreover, should the daily worker suffer injuries or die at the workplace, the beneficiary must incur the healthcare costs or the burial costs of the worker, if the event was caused by its fault. Should they fail to comply with the legal provisions, beneficiaries risk a fine between 1,000 Lei and 20,000 Lei.