GOVERNMENT APPROVED THE DETAILED RULES ON THE DETACHMENT OF EMPLOYEES IN THE FRAMEWORK THE TRANSNATIONAL PROVISION OF SERVICES ON THE ROMANIAN TERRITORY, THUS PROPERLY PROVIDING THE IMPLEMENTATION OF THE EUROPEAN REGULATIONS IN THIS FIELD, TRANSPOSED BY LAW NO. 16/2017.

The normative act details the characteristic elements of a transitional detachment of which Labor Inspection through the Territorial Labor Inspectorates, will take into account in order to determine whether a company effectively carries out significant activities, other than those of internal management, in the member State of establishment, other than Romania or on the territory of the Swiss Confederation, or if an employee is temporary detached on the Romanian territory. These elements are taken into account by Territorial Labor Inspectorates and within the check-ups carried out at the companies established in Romania who detach employees for transnational provision of services purposes.
At the same time, the Detailed Rules provide the penalties imposed by the Labor Inspectors in cases where they find the breach of the conditions of transnational detachment of employees. For the actions defined as punishable by Law no. 16/2017, especially regarding the omission to fill in the declaration concerning the detachment of employees, failure to comply with the obligation of allowing the inspectors full access to solicited documents and the failure to comply with the obligation to appoint a person to ensure the connection with the competent national authorities, the Detailed Rules provide fines ranging between 5,000 and 9,000 RON. It is also considered contravention and is punishable by fines ranging from 3,000 to 5,000 RON the filling of the Declaration with incomplete or incorrect data.
The Labor Inspection can provide, as a result of a motivated request for information received from other member States, through the internal market informative system (IMI), the information and/or the documents solicited relating to the employees detached on the Romanian territory, legal persons registered on the territory of Romania, temporary employment agencies, detached employees’ payrolls and related evidence of payment, collective sheets of presence and individual contracts of employment.
The Detailed Rules detail for each particular situation the procedure and the timeframe for the communication of the decisions by which an administrative financial penalty is imposed.

Issued by: The Government

Date: 18 May 2017