- Law no. 187/2013
- Order no. 1977/2013
- Resolution no. 1116/2013
Law no. 187/2013
Law no. 187 of 2012 published in the Official Gazette Part I no. 757 of 12.11.2012, for the implementation of Law no. 286/2009 on the Criminal Code, makes the following mentions:
The provisions of Law 286/2009 regarding the Criminal Code comes into force on 01 February 2014.
Thus, among other changes and additions brought by the present law, it will also be changed certain aspects regarding Labor Code. In this regard we mention that starting with February 1, 2014 under the present law is amended Law no. 53/2003 – Labor Code, republished as follows:
1. Articles 261 – 263 concerning the inexecution of some final court decisions, are repealed.
2. Art. 264 is amended to read as follows: “(1) Is considered a crime and is punishable by imprisonment form one month to one year or with a criminal fine the act of a person who repeatedly establishes for employees hired under individual contract labor, wages under the minimum gross salary guaranteed, provided by law.
(2) With the penalty provided in para. (1) shall be sanctioned also the crime consisting in the unjustified refusal of a person to present the legal documents to the competent authorities in order to prevent inspections on the implementation of general or specific regulations in labor relations, safety and work health no later than 15 days from receiving the second request.
(3) With the penalty provided in para. (1) shall be sanctioned also the crime consisting in preventing under any form the competent authorities to enter, as provided by law, in offices, precincts, spaces, lands or means of transportation that the employer uses in his professional activity, to perform checks on the implementation of general or specific regulations in labor relations, safety and work health.
(4) Is considered a crime and is punishable by imprisonment from 3 month to 2 years or with fine, receiving to work more than 5 persons, whatever their nationality, without concluding an individual employment contract.”
We mention that the previous legislation provided for crimes in para. 1 and 2 a penalty of imprisonment from 6 months to one year or criminal fine. In terms of receiving at work more than 5 persons without concluding an individual employment contract, the previous legislation provided imprisonment from 1 to 2 years or criminal fine.
Thus, besides changing the sanctioning regime is introduced a new crime consisting in preventing under any form the competent authorities to enter, as provided by law, in offices, precincts, spaces, lands or means of transportation that the employer uses in his professional activity.
3. Art. 265 is amended to read as follows: “(1) The employment of a minor in violation with the legal age requirements or using him for performing some activities in violation of legal provisions relating employment of minors, is a crime punishable with imprisonment from 3 months to 2 years or a fine.
(2) With the penalty provided in art. 264 para (4) is sanctioned the receiving of a person working illegally in Romania, knowing that he is a victim of human trafficking.
(3) If the work performed by the persons referred to in para. (2) or in art. 264 para. (4) is likely to endanger their life, integrity or health, the punishment shall be imprisonment from 6 months to 3 years.
(4) In case of committing any of the crimes referred to in para. (2) and (3) and art. 264 para. (4), the court may order the application of one or more of the following additional penalties:
a) total or partial loss of the employer’s right to receive benefits, aids or public subventions, including EU funds managed by the Romanian authorities for e period up to 5 years;
b) prohibiting the employer’s right to participate at the award of a public contract for a period up to 5 years;
c) full or partial recovery of benefits, aids or public subventions, including EU funds managed by the Romanian authorities granted to the employer for a period of 12 months prior to the committing of crime;
d) temporary or permanent closure of the point or points of work in which the crime was committed or temporary or permanent withdrawal of a license to conduct the professional activity in question, if this is justified by the gravity of the infringement.
(5) In case of committing any of the crimes referred to in para. (2) and (3) and art. 264 para. (4), the employer will be required to pay the amounts representing:
a) any outstanding remuneration payable to persons employed illegally. The amount of remuneration is assumed to be equal to the average gross wage per economy, unless either the employer or the employee can prove otherwise;
b) the amount of all taxes and social security contributions that the employer would have paid if the person were legally employed, including penalties for delay and relevant administrative fines;
c) the costs determined by the transfer of outstanding payments to the country in which the person illegally employed has willingly returned or has been returned by law.
(6) In case of committing any of the crimes referred to in para. (2) and (3) and art. 264 para. (4) by a subcontractor, both the main contractor and any intermediate subcontractor, if they were aware of the fact that the employing subcontractor was hiring foreigners which were staying illegally, may be forced by the court, jointly with the employer or in place of employing subcontractor or contractor whose direct subcontractor is the employer, to pay the sums of money mentioned in para. (5) letter a) and c).”
We mention that previous legislation provided a punishment with imprisonment of 1 to 3 years for the employment of minors in violation of the legal conditions of age or using him for performing some activities in violation of legal provisions on the regime of minor employment and for receiving at work some persons which are staying illegally in Romania, knowing that she is a victim of human trafficking, the present law reducing the penalty for these crimes as follows: – imprisonment from 3 months to 2 years or a fine.
Order no. 1977/2013
Order no. 1977 from December 9, 2013, published in Official Gazette Part I no. 57 of 23.01.2014, amending the Order of the Deputy Prime Minister, Finance Minister, the Minister of Labour, Family and Social Protection and the Ministry of Health no. 1045/2084/793/2012 for approving the model, content, way of submission and management of “Statement on the obligation of paying the social contributions, income tax and nominal record of insured persons” makes the following mentions:
Appendix no. 1.1 “Employer annex” and annex no. 1.2 “Insured annex” to 112 statement “Declaration on the obligation of paying the social contributions, income tax and nominal record of insured persons” shall be amended and replaced.
Appendix no. 2 “Nomenclature – Tax receivables” – is amended and replaced;
Appendix no. 3 “Nomenclature – Subventions/exemptions/reductions” – is amended and replaced;
Appendix no. 4 “Nomenclature – Insured type for other entities similar to the employer” – is amended and replaced;
Appendix no. 5 “Nomenclature – Insured type” – is amended and replaced;
Appendix no. 7 “Instructions for completing the 112 statement – Declaration on the obligation of paying the social contributions, income tax and nominal record of insured persons” – is amended and replaced with annex 6.
The provisions of the present Order shall apply starting with the declarative obligations for the month following its publication in the Official Gazette, through exception to this rule the provisions of the order shall apply starting with January 1, 2014 for incomes form leasing agriculture goods in regime of withholding income tax.
Resolution no. 1116/2013
Resolution no. 1116 of 2013 published in Official Gazette Part I no. 836 of 24.12.2013, amending and supplementing Government Decision no. 1352/2010 regarding the approval of the Classification of Occupations in Romania – level core group, according to the International Standard Classification of Occupations – ISCO 08, makes the following mentions:
Every occupation has a 6 digit code as follows:
a) the first digit corresponds to the major group code;
b) the first two digits correspond to the major subgroup code;
c) the first three digits corresponds to the minor group code;
d) the first four digits corresponds to the core group code;
e) the last two digits of the six, correspond to the occupation code.
Also, COR includes the following 10 major groups:
a) major group 1: Members of the executive legislative body, senior government leaders, managers and senior officials;
b) major group 2: Specialists in various fields;
c) major group 3: Technicians and other technical specialists;
d) major group 4: Administrative clerks;
e) major group 5: Workers in the service sector;
f) major group 6: Skilled workers in agriculture, forestry and fishing;
g) major group 7: Skilled and assimilated workers;
h) major group 8: Operators for installations and machines, assemblers of vehicles and equipments;
i) major group 9: Unskilled workers;
j) major group 0: Armed Forces.
We mention that the annex will be supplemented with five new basic groups, as follows:
a) After the core group “2424 Specialist in training and staff development” a new core group is introduced as follows: “2429 Specialists in administration not classified in the previous core groups.”;
b) After the core group “3413 Specialists in religion and assimilated” four new core groups are introduced, as follows:
3414 Teaching staff in primary education
3415 Teaching staff in preschool education
3416 Instructors and assimilated from the education system
3419 Personal staff in education system not classified in the previous core groups.
The present decision shall enter into force 60 days after publication in the Official Gazette.