Key amendments to the rules for day workers
23 April 2019
- Extended number of activity fields where day workers can be contracted
- Social insurance contributions owed for day workers
- Additional rest leave days for employees undergoing in vitro fertilization procedures
This paper provides a brief overview of the amendments brought to Law No. 52/2011 governing the activities carried out by day workers and to Law No. 53/2003 (Labour Code), by way of Government Emergency Ordinance No. 26/2019.
Government Emergency Ordinance No. 26/2019 was published in the Romanian Official Gazette on 19 April 2019.
1. EXTENDED NUMBER OF ACTIVITY FIELDS WHERE DAY WORKERS CAN BE CONTRACTED
New areas of activity in which day workers can be contracted are added to the existing work fields (i.e., agriculture, hunting and related services, forestry, fishery and aquaculture):
- bars and other beverage serving activities;
- organization activities for fairs, conferences and exhibitions;
- entertainment activities (performances, performances support activities and performance venues’ management activities);
- growth and reproduction of semidomestic animals and other animals;
- landscaping maintenance activities (planting, parks and gardens maintenance, except for private living accommodation); and
- activities of botanical gardens, zoos and national parks.
Additionally, the period in which a day worker may carry out activities in the field of agriculture, for the same beneficiary, was extended from 90 days to a maximum duration of 180 days during a calendar year.
2. NEW OBLIGATIONS IN RELATION TO DAY WORKERS
When contracting day workers, the beneficiaries must observe the following additional provisions:
- They must calculate, declare and pay social insurance contributions for the income obtained by the day workers . The day worker is considered insured in the public pension system.
- To fill in the Electronic Day Workers Register (which will be set up on 20 December 2019) and to transmit the said register to the territorial labour inspectorate on a daily basis, before the day workers start their activity.
3. ADDITIONAL REST LEAVE DAYS FOR EMPLOYEES UNDERGOING IN VITRO FERTILIZATION PROCEDURES
For employees undergoing an in vitro fertilization procedure, an additional paid 3-day rest leave is granted. The formal rest leave request must be accompanied by the medical letter issued by a specialized doctor.