LAW NO. 16/2017 ON THE DETACHMENT OF EMPLOYEES WITHIN THE TRANSNATIONAL PROVISION OF SERVICES HAS BEEN PUBLISHED IN THE OFFICIAL JOURNAL OF ROMANIA, PART I, NO. 196 OF 21 MARCH 2017

The law establishes a common framework of arrangements, measures and control mechanisms applicable on the territory of Romania to the detachment of employees within transnational provision of services, including measures to prevent and punish any abuse of their circumvention. Its provisions aim to guarantee an adequate level of protection of employees detaches within transnational provision of services, in particular ensuring compliance with the application of the terms and conditions of employment provided by the national legislation, according to Art. 6, facilitating at the same time the exercise of the freedom to provide services for the providers of services by promoting a climate of fair competition between the latter and thus supporting the functioning of the internal market.
The provision of the law shall apply to:

  1. To companies established in the territory of a Member State other than Romania, or in the territory of the Swiss Confederation which, within transnational provision of services, detach on the territory of Romania employees with whom they have established employment relations under the conditions laid down by Article. 5(1).
  2. To companies established on the territory of Romania which, within transnational provision of services, detach employees on the territory of a Member State other than Romania, or on the territory of the Swiss Confederation, employees with whom they have established employment relationships, under the conditions laid down by Article 5(2).
Notwithstanding the law applicable to the employment contract, the working conditions laid down by the Romanian legislation and/or the collective labor contract, the employees shall benefit the following rights:

  • The maximum duration of the working time and the minimum duration of the rest period;
  • The minimum length of annual paid holiday;
  • The minimum wage provided by law, including compensation or payment of overtime work. Any specific compensation shall be regarded as an integral part of the minimum wage, with the exception of the costs of reimbursement expenses related to transport, accommodation and meal costs;
  • Conditions for the provision of employees by temporary employment agencies;
  • Occupational health and safety;
  • Protection measures applicable to working conditions for pregnant women and those who have recently given birth, as well as for children and young people;
  • Equal treatment for men and women, as well as other non-discrimination provisions.
For the purposes of the implementations of the provisions of the law, the Labor Inspection Authority shall be the competent authority.

Issued by: the Romanian Parliament

Date: 21 March 2017