Changes to the law governing work performed by daily labourers

The law that regulates occasional work performed by daily labourers has been amended. Under the new amendments, occasional work can be performed by daily labourers in the following new domains: hotels and other accommodation facilities, children’s camps, restaurants, and bars or other eating and/or drinking establishments.

The new law regulates activity of intermediaries between the employers and the daily labourers and the condition under which the intermediary activity is performed. The intermediation activity between employees and daily labourers can be performed by:

(i) companies established under the provisions of law no. 31/1990 the Company Law that have as their primary purpose NACE Code 7810- Activities of employment agencies; or

(ii) companies established in another EU state or in an EEA state that complies with the regulations of the original state on the authorisation conditions for performing activities concerning daily labourers

Intermediation activities are the activities that bring employers together with daily labourers to establish employment under the labour code. Providers of intermediary activities between the employer and the daily labourers will not charge the daily labourers for their services.

Daily labourers who work because of intermediary activities provided by an accredited agency may work for the same employer for a maximum period of 180 calendar days aggregated during a calendar year.

If a company performs intermediary activities between employers and daily labourers without notifying the occupational labour agency or without having accreditation under the applicable law, it may be subject to fines between 5.000 Lei (roughly EUR 1,079) to 10.000 Lei (roughly EUR 2,159).

The law amending the occasional work of daily labourers was published in the Official Gazette on April 10, 2018 and became effective on April 13, 2018.

Stratulat Albulescu - Attorneys at law