Territorial Labour Inspectorate’s Offensive: Sustained Controls to Detect Illegal Work

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Starting 30 April 2011, Law 40/2011 amending and completing Law 53/2003, regarding the Labour Code, comes into full force and effect.

The new Labour Code in force as of 30 April 2011 harshens the sanctions for illegal work, as follows:

– Any employer using up to five (5) workers without completing the required legal formalities and without having any legal documents to this effect shall be fined with
an amount ranging between RON 10,000 and RON 20,000/individual;
– For illegally using more than five (5) workers, the employer shall pay either a fine or shall be punished with imprisonment from one (1) to two (2) years.
– It is for the first time that any individual performing illegal work is subject to severe sanctions.

Note: The Contract of Employment shall become null and void if the would-be employee does not provide the employer with his/her medical certificate.

Following these new regulations, inspectors of the Territorial Labour Inspectorate in collaboration with representatives of the Police and Gendarmerie have stated their
intention to perform sustained controls in order to detect illegal work.

Important: Said controls shall also refer to working conditions, whether the norms for occupational health and safety, the working programme, the overtime regime, employer’s obligations regarding secondment terms and conditions etc. are duly observed.

Source:

This article is also available in: Romanian

This post is also available in: Romanian

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