October 8, 2021 rcplegal 0 Comments

Recently, the executive adopted a draft GEO which defined “gray work”, respectively the situation in which an employee receives a net salary higher than that provided in the individual employment contract.

Thus, the draft GEO defines “gray work” as follows: the nominal record of the insured persons, sent to the fiscal authorities”. The same act provides for a new sanction for employers who implement this practice, the sanction being RON 10,000 for each employee who performs “gray work”. Moreover, the draft does not provide a maximum ceiling for this sanction as if the work is performed “illegally”, which means that inspectors can give very big fines if they find that these acts have been committed.

Changes are also being made in terms of part-time work. In its current form, it is forbidden to “use an employee outside the work schedule established within the individual part-time employment contracts”, after the entry into force of this project will be incriminated “using an employee with overtime established within the individual part-time employment contracts”. As in the previous case, this deed would be sanctioned with a fine of RON 10,000 for each employee, but a ceiling of RON 200,000 was provided in case there are several employees in such a situation.

Another important amendment is that of article 122 par. (1) Labor Code. The new form stipulates that “Overtime is compensated by paid hours off in the next 90 calendar days after it is performed.” The old regulation imposed on the employer the obligation to compensate the additional work through paid free hours in the next 60 calendar days after its performance.

Also, a new sanction is provided between RON 5,000-10,000 for each employee, in case the employers do not pay on time the salaries of the employees for the work performed, the project thus introducing to art. 260 para. (1) letter s) with the following content: “Violation by the employer of the obligation provided in art. 166 para. (1) more than one month from the term of payment of the salary established in the individual employment contract, with a fine from 5,000 lei to 10,000 lei for each person who was not paid 13 salary, except in the situation where the employer is under the incidence of Law 85/2014 on insolvency prevention and insolvency procedures, with subsequent amendments and completions”.

As it can be seen, employers who are under the provisions of the insolvency law will be exempted from the application of this sanction.

Leave a Reply:

Your email address will not be published. Required fields are marked *