New Government’s Decision no. 905/2017 on the General Registry of Employees repeals Government Decision no. 500/2000 and establishes new obligations and prohibitions

The Romanian Government adopted the Decision no. 905/2017 on the General Registry of Employees (REVISAL) that annuls the old Governments’ Decision adopted in the field.

The new legislative act sets as a rule that after 31 March 2018, any amendments to the gross salary, increases, allowances, bonuses as well as other additions should be transmitted to REVISAL within 20 working days from the date of the occurrence. The new decision adopts the rule regulated in the Labour Code that the newly concluded agreements should be transmitted one day before the beginning of the employee’s activity.

An employer’s noncompliance with the new obligations to transmit to REVISAL the amendments within 20 working days after its implementation is considered to be violation after 31 March 2018 subject toa fine between 5.000 lei (approx. 1.077 Euros) and 8.000 lei (approx. 1.724 Euros).

As an exception, is not a violation and the employers can convey to REVISAL until 31t March 2018, any amendments to the gross salary, increases, allowances, bonuses as well as other additions that occur from the date of entry into force of the Government Decision no. 905/2017 and until 31 March 2018.

Through this new decision, the employer’s situation returns to the one from the old regulation in the field. So, in the Labour Code in the version before the latest amendments made through the Government Emergency Ordinance no. 53/2017, it was stipulated that the employers had an obligation to amend the employment agreements within 20 working days after the amendments occurred. After the Labour Code was amended through the Government Emergency Ordinance no. 53/2017, the employers were obliged to amend the employment agreements before the changes occurred.

Another change is that the private register and the public register are unified. As a result of this change, throughout the Decision no. 905/ 2017 on the General Registry of Employees there is no distinction between private law employers and public law employers.

Before the changes brought by the new Government’s Decision, the general registry of employees was made of two parts: the private registry in which the employees were from the private sector and the public registry that was completed by the public authorities for those to whom it applied the special provisions of the Law no. 284/2010 regarding the Unitary Salary of the Staff Paid Out of Public Funds.

Another change in the employee’s favour is that now the employer is obliged to issue copies of the existing documents in the personal and professional file of the employee or the former employee, within 15 working days after receiving his written request. In case the employer fails to fulfil this obligation, the violation is subject to fine between 300 lei (approx. 6 Euros) and 1.000 lei (approx. 216 Euros). Before the changes brought by the new decision, there was no deadline in which the employers were obliged to issue copies of the existing documents in the personal and professional file of the employee or the former employee and also their lack of compliance was not considered a violation.

The Romanian Government’s Decision no. 905/2017 became effective on 19 December 2017.

Stratulat Albulescu - Attorneys at law