Order no. 1140/2020 (“Order 1140/2020“) approving the methodology for drawing up and transmitting the electronic register of day labourers, as well as the registrations within it was published in the Official Gazette of Romania no. 651 on 23 July 2020.
Either the legal person, the authorised natural person, the individual undertaking or the family enterprise for which the day labourer carries out unskilled activities on an occasional basis (the “Beneficiary”) has the obligation to set-up, complete and transmit the electronic register of day labourers (the “Register“).
Setting up the Register
In order to set up the Register, the Beneficiary must first obtain a username and password from the territorial labour inspectorate in whose territory the Beneficiary has its headquarters (the “competent ITM“).
The Beneficiary must submit to the competent ITM by e-mail, amongst others things, a written request, an affidavit, a power of attorney for the person requesting the username and password for the Register and copies of the Beneficiary’s establishment documentation.
Within one working day of receipt of the request and the relevant documents by e-mail, the competent ITM will verifying them and will then inform the Beneficiary of the username and password, also by e-mail to the same address used to submit the documents.
In addition, the username and password obtained by employers to access their private space on the Labour Inspection portal (www.inspectiamuncii.ro) can also be used to access the Register, if they are also Beneficiaries and hire day labourers.
Labour Inspection Application
The Register shall be completed by the Beneficiary, or such other authorised persons, by means of the mobile Labour Inspection Application (the “Application”).
The instructions for using the Application can be found on the Labour Inspection website and the Application itself can be downloaded for free from the PlayStore or the AppStore.
Completing the Register
Order 1140/2020 requires the Beneficiary and/or such persons authorised by it to complete the Register, in chronological order and within the legal term, with mandatory data such as the Beneficiary’s data, data on the day labourers and data on the activity of the day labourers.
Transmission of the Register
After completing the Register in the Application, the Register is then sent online by the Beneficiary/authorised person, also using the Application.
The terms for completing and transmitting the Register are as follows:
- daily before each person hired by the Beneficiary starts their activity; and
- monthly for day labourers performing activities such as: agriculture, seasonal activities in botanical gardens, research development innovation activities, the field of extensive animal husbandry by traditional seasonal grazing of sheep, goats or cattle in a semi-free environment, etc.
Order 1140/2020 came into force on 25 July 2020.