Guidelines for the practical application of the amendments to the Labour Code (Second Part)

Other changes to labour law refer to:

Employer’s obligation to keep a copy of the individual labour contract (CIM) for employees who work in that place.

What happens if the activity takes place on a construction site, and there is no specific address in the CIM? Does this obligation apply? If so, at the sites / locations where the employees are located, who should keep the copies of labour contracts and additional documents and where, so that wages-related confidentiality is retained? When staff move from one location to another, how could copies of contracts be transferred to the new location in a timely manner and to whom should they be delivered?

Answer:

In the case of employees who do not have a fixed work place, but they have the possibility to work in different places (eg construction sites), according to the new legal provisions, the construction site manager should be able to provide ITM inspectors with the labour contract of any employee which works at the time of control on the respective construction site.

As regards confidentiality, an addendum may be concluded whereby the construction site manager will oblige himself / herself to respect the confidentiality of all the information in the labour contracts of all the employees on the construction site. ITM inspectors also check salary levels, so this information must be verifiable. Please note that CIM copies can not be censored, as ITM inspectors also check salary levels (if they are above the guaranteed minimum level of gross national wage).

To the extent that workers move from one construction site to another, there must be a copy of each employee’s labour contract on each of the construction sites where they work. The contracts must be kept physically (paper written), the possibility of keeping them in electronic form being now under discussion at ITM.

Another possibility would be to add a clause in the Internal Order Regulation whereby each employee is required to have a copy of the CIM and its annexes at all times, in the event of a control. Thus, if you are not able to present your CIM copy, the guilt will also be transferred to the employee. Discussions at ITM are ongoing on the possibility of electronically submitting CIM copies. This version, if it will be adopted, it will give the opportunity to send copies of CIMs from the headquarters to the point of work only in the case of a control.

Obligation to keep records of the hours worked by each employee on a daily basis, highlighting the starting and ending hours of the work program, and subjecting this labour record to the labour inspector whenever is required.

Is it mandatory to use a template for presence register or an excel format can be used? On the basis of this presence register, will the timetable be drawn up?

Answer:

The law does not make it clear whether this evidence should be kept in electronic or in paper written format.

It should be kept in mind that this new legal provision was introduced in order for the ITM inspector to have an effective opportunity to check the record of working hours. However, keeping such records only in electronic format (excel) is not enough. It is possible that at the date / time of the control, that database cannot be accessed, to be damaged or incomplete. Such a situation would be equivalent to the ITM inspector’s as a failure to keep that record, which would be likely to attract the sanction of the company.

In conclusion, in addition to an electronic record, we also recommend keeping records in paper written format. It is not mandatory to use a template, but we suggest that the employee to sign on both on arrival and on departure. One signature box is not enough. There is also the possibility for an electronic time keeping system with electronic gate and nominal card to be purchased and installed, but it is expensive.

The deadline for submitting CIM amendments by an addendum in Revisal

What is the deadline for submitting CIM amendments by an addendum in Revisal (job role and wage) – entering into force from 01.08.2017 and drawn up before 01.08.2017 (31.07.2017)? Is it still 19 working days after the date of entry into force?

Answer:

With regard to the CIM amendments that have to be submitted in Revisal, OG 53/2017 it is applied from August 7, 2017, so all addendums concluded until August 6 remain subject to the provisions of the old regulation.

And now, if an addendum comes into force, for example, from September 1, the last day of submission in Revisal is 31 August.

We also want to specify that the admission for work of a person who illegally stays in Romania, knowing that she is a victim of human beings traffic, constitutes a felony and it is punished by imprisonment from 3 months to 2 years or by a fine.

For further clarifications and additional information on this subject, please contact us by email at office@paulopol.ro.