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Law No. 16 Of 17 March 2017Privind Posting Of Employees Within The Framework Of The Transnational Provision Of Services

Original Language Title: LEGE nr. 16 din 17 martie 2017privind detaşarea salariaţilor în cadrul prestării de servicii transnaţionale

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LEGE no. 16 16 of 17 March 2017 on the posting of employees in the framework of the provision of transnational services
ISSUER ROMANIAN PARLIAMENT
Published in OFFICIAL MONITOR no. 196 196 of 21 March 2017



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 ((1) This Law establishes a common framework of control provisions, measures and mechanisms, applicable on the territory of Romania to the posting of employees in the framework of the provision of transnational services, including measures to prevent and sanction any abuse or their circumvention. ((2) The provisions of this law aim to guarantee an adequate level of protection of employees posted in the framework of the provision of transnational services, in particular to ensure compliance with the clauses and conditions of employment provided by national legislation, in accordance with Article 6, while facilitating the exercise of the freedom to provide services for service providers, promoting a climate of fair competition between the latter and thus supporting the functioning of the internal market. ((3) This law does not affect the exercise of fundamental rights, as recognised in national law, as well as at the level of the European Union, including freedom and the right to strike or to take actions related to relations of work, in accordance with national law. ((4) The provisions of this law do not affect the right to negotiate, to conclude, to implement collective agreements and to carry out collective actions, in accordance with national law. + Article 2 ((1) For the purposes of this law, the following terms and expressions have the following meanings: a) Member State-any Member State of the European Union or of the European Economic Area; b) employee posted on the territory of Romania-employee of an employer established on the territory of a member state other than Romania, or on the territory of the Swiss Confederation, who normally work in a state other than Romania, but who is sent to work for a limited period of time on the territory of Romania, when the employer takes one of the measures provided for in art. 5 5 para. ((1); c) employee posted from the territory of Romania-employee of an employer established on the territory of Romania, who normally works in Romania, but who is sent to work for a limited time in the territory of a Member State, other than Romania, or on the territory of the Swiss Confederation, when the employer takes one of the measures provided for in art. 5 5 para. ((2); d) transnational posting-the situation in which an undertaking established in a Member State or in the territory of the Swiss Confederation, within the framework of the provision of transnational services, seconded to the territory of another employed Member State with which it has established employment relationships, in the situations regulated by art. 5 5; e) the minimum wage applicable on the territory of Romania for the employee posted on the territory of Romania is that provided by the Romanian legislation and/or the collective agreement concluded at sectoral level, with extended applicability to the entire sector of activity, according to legal provisions; f) the minimum wage applicable in the territory of a Member State or on the territory of the Swiss Confederation, for the posted employee on the territory of Romania shall be that defined by the legislation and/or practice of the Member State other than Romania or the Confederation Swiss, on whose territory the employee is posted; g) expenses generated by the posting-any expenses related to transport, accommodation and meals, carried out for the purpose of posting; h) Allowance specific to transnational posting-the allowance intended to ensure the social protection of employees granted in order to compensate for inconveniences caused by posting, which consist of the removal of the employee from his usual environment; i) competent authority-an authority or body designated by a Member State or the Swiss Confederation to perform functions and duties on the application of national law relating to the transnational posting of employees in the framework of the service provision; j) the requesting authority-the competent authority of a Member State that submits an application for assistance, information, notification or recovery of an amount of administrative financial penalties, as provided for in art. 29-46 29-46; k) requested authority-the competent authority of a Member State to which a request for assistance, information, notification or recovery of an amount of administrative financial penalties is addressed, as provided for in art. 29-46 29-46; l) host Member State-the Member State or the Swiss Confederation in whose territory an employee is seconded as part of a transnational service provision by an undertaking established in the territory of another Member State; m) Member State of establishment-the Member State or the Swiss Confederation in which the undertaking is established which, in the framework of the provision of transnational services, shall be posted on the territory of another Member State with which it has established employment relationships; n) the internal market information system-the electronic instrument provided by the European Commission to facilitate administrative cooperation between the competent authorities of the Member States and between the competent authorities of the Member States and the Commission European, defined in accordance with the provisions Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing the Decision 2008 /49/EC of the Commission ("IMI Regulation"), hereinafter referred to as the IMI System; o) administrative financial penalty-any pecuniary penalty, including taxes and surcharges applied to an undertaking referred to in art. 3 lit. b), according to the normative acts and procedures of the Member State, other than Romania on whose territory the activity is carried out, by the competent authorities of other Member States or confirmed by administrative or judicial bodies or, where applicable, arising from judgments of the competent courts and related to non-compliance with the provisions of Directive 96 /71/EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers in the framework of the provision of services Directive 2014 /67/EU of the European Parliament and of the Council of 15 May 2014 on enforcement Directive no. 96 /71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1.024/2012 on administrative cooperation through the Internal Market Information System ("IMI Regulation"); p) subcontracting chain-the contractual civil relationship between a legal entity called a contractor and a legal entity referred to as a subcontractor, including direct legal relationships relating to the provision of services; q) enterprise-any form of organization of an economic activity, authorized, according to the legislation in force in the Member State of establishment, to carry out production, trade or service activities, for the purpose of obtaining income in conditions of competition; r) group of enterprises-two or more enterprises recognized as affiliated, according to par. ((4); s) a user undertaking-any natural or legal person for whom and under the supervision and management of which a worker is temporarily employed; s) Country sheet-standard questionnaire, published on the website of the European Commission, containing information on the national rules specific to each Member State regarding the transnational posting of employees; t) initial assembly work and/or the first installation of a good-the working procedure whereby a good is installed and put into operation; t) administrative cooperation-the work in collaboration of the competent authorities of the Member States or the competent authorities of the Member States and the European Commission, through the exchange and processing of information, including through notifications and alerts or through the provision of mutual assistance, including for the resolution of problems, in order to better apply the right of the European Union, in accordance with the provisions of art. 5 lit. b) of Regulation (EU) No 1.024/2012 ; u) the uniform recovery instrument-standard form used in the IMI System for the formulation and transmission of an application for the recovery of an amount of administrative financial penalties by the requesting authority of a State member, according to the provisions of art. 29-46 29-46; v) the uniform communication tool-standard form used in the IMI System for the formulation and transmission of an application for the communication of an administrative financial penalty by the requesting authority of a Member State, compliance with art. 29-46 29-46; w) national IMI coordinator-the authority designated by a Member State to carry out the necessary support tasks for the efficient operation of the IMI System in accordance with Regulation (EU) No 1.024/2012 . ((2) For the purposes of this law, the concept of employee is regulated according to the provisions Law no. 53/2003-Labor Code, republished , with subsequent amendments and completions. ((3) Throughout the period of posting, the employee will keep his work report directly with the employer who seconded him. ((4) For the purposes of this Law, it is recognised as being directly or indirectly related to another undertaking an undertaking which fulfils at least one of the following conditions: a) holds the majority of the other undertaking's subscribed capital b) controls the majority of votes attached to shares issued by the other c) may appoint more than half of the members of the management, management or supervisory board of the other undertaking; d) is administered on a common basis with the other undertaking by another undertaking. + Chapter II Scope of application + Article 3 The provisions of this law apply: a) undertakings established in the territory of a Member State other than Romania, or on the territory of the Swiss Confederation which, within the framework of the provision of transnational services, detach on the territory of Romania employees with whom they have established relations of work under the conditions provided in art. 5 5 para. ((1); b) undertakings established on the territory of Romania which, within the framework of the provision of transnational services, detach, within the territory of a Member State other than Romania, or on the territory of the Swiss Confederation, employees with whom they have established relations of work, under the conditions provided in art. 5 5 para. ((2). + Article 4 This law does not apply to the seafarers of commercial marine enterprises. + Article 5 ((1) This law shall apply if the undertakings referred to in art. 3 lit. a) take the decision to implement one of the following measures of a transnational nature: a) the posting of an employee on the territory of Romania, on behalf of the undertaking and under its coordination, within the framework of a contract concluded between the undertaking making the posting and the beneficiary of the provision of services operating on the territory of Romania, if there is a work report, during the period of posting, between the employee and the undertaking that makes the posting; b) the posting of an employee to a unit or to an enterprise belonging to the group of undertakings, located on the territory of Romania, if there is a work report, during the period of posting, between the employee and the undertaking making the posting; c) the making available of an employee, by a temporary work agent, to a user undertaking established or operating on the territory of Romania, if there is a work report, during the period of posting, between the employee and temporary work agent. ((2) This law shall apply if the undertakings referred to in art. 3 lit. b) take the decision to implement one of the following measures of a transnational nature: a) the posting of an employee from the territory of Romania, on behalf of the undertaking and under its coordination, within the framework of a contract concluded between the undertaking making the posting and the beneficiary of the provision of services operating on the territory of a Member State other than Romania, or in the territory of the Swiss Confederation, if there is an employment relationship, during the period of posting, between the employee and the undertaking making the posting; b) the posting of an employee from the territory of Romania to an establishment or to an undertaking belonging to the group of undertakings, situated in the territory of a Member State other than Romania, or on the territory of the Swiss Confederation, if there is a report of work, during the period of posting, between the employee and the undertaking making the posting; c) the making available of an employee, by a temporary agency, to a user undertaking established or operating in the territory of a Member State other than Romania, or on the territory of the Swiss Confederation, if there is a work report, during the posting period, between the employee and the temporary work agent. + Article 6 Employees posted on the territory of Romania within the framework of the provision of transnational services benefit, regardless of the law applicable to the employment relationship, the working conditions provided by the Romanian legislation and/or the collective agreement concluded at sectoral level, with extended applicability to the entire sector of activity, according to the legal provisions, regarding: a) the maximum duration of working time and the minimum duration of periodic rest; b) the minimum duration of paid annual leave; c) minimum wage defined according to art. 2 2 para. ((1) lit. e), including compensation or payment of additional work; d) the conditions for the making available of employees by temporary agency workers; e) health and safety at work; f) the protective measures applicable to working conditions for pregnant women or those who have recently given birth, as well as for children and young people; g) equal treatment between men and women and other non-discrimination provisions. + Article 7 ((1) In order to identify transnational posting situations and to prevent abuses and circumvention of the provisions of this law, the Labour Inspection, through territorial labour inspectorates, carries out an overview of all elements the factual characterising a transnational posting, in particular of: a) the factual elements characterising the activities carried out by the undertakings referred to in Article 3 lit. a) in the Member State where they are established and, where necessary, in Romania; b) the factual elements characterizing the work and the situation of the employee posted on the territory of ((2) The overall assessment referred to in par. (1) shall be carried out in the framework of the checks carried out by the territorial labour inspectorates, for each transnational posting situation. ((3) The factual elements provided in par. (1) have the following characteristics: a) are intended to provide assistance to territorial labour inspectorates in the framework of checks and checks carried out; b) are indicative factors in the overall assessment carried out by the territorial labour inspectorates in the verification and control activity and cannot be taken into account separately; c) must not be met cumulatively for each case of transnational posting, their assessment being adapted to each individual case and taking into account the specificities of the situation; failure to comply with one or more of them shall not preclude automatically the possibility for a given situation to be characterized as a posting situation. ((4) The factual elements provided in par. ((1) lit. a) have the role of establishing whether an undertaking actually exercises significant activities other than internal management and/or administrative activities in the Member State of establishment or in the Swiss Confederation, having as its reference period a period of one year prior to the date of the check. ((5) The factual elements provided in par. ((1) lit. b) have the role of assessing whether an employee who operates normally on the territory of a Member State, other than Romania, or on the territory of the Swiss Confederation is temporarily posted on the territory of Romania. ((6) The factual elements provided in par. (1) are taken into account by the territorial labour inspectorates within the control and to determine whether a person has the status of an employee, in accordance with the Romanian legislation, including to identify possible cases of declaration of a posted employee as exercising independent activities in order to circumvent the provisions of this law. ((7) In carrying out the assessment referred to in (6), the territorial labour inspectorates also consider aspects related to the execution of works, subordination and remuneration of the employee, regardless of the way of expression of the agreement of will of the parties in the framework of employment relations. ((8) The factual elements provided in par. (1) are established by the methodological norms for the application of this law, which are approved by Government decision. + Article 8 Employees posted from the territory of Romania within the framework of the provision of transnational services benefit, regardless of the law applicable to the employment relationship, from the working conditions established by laws, administrative acts, by conventions collective or arbitral awards of general application, valid in the Member State other than Romania, or in the Swiss Confederation, in whose territory the services are provided, with regard to: a) the maximum duration of working time and the minimum duration of periodic rest; b) the minimum duration of paid annual leave; c) minimum wage defined according to art. 2 2 para. ((1) lit. f), including compensation or payment of additional work; d) the conditions for the making available of employees by temporary agency workers; e) health and safety at work; f) the protective measures applicable to working conditions for pregnant women or those who have recently given birth, as well as for children and young people; g) equal treatment between men and women and other non-discrimination provisions. + Article 9 Personnel of employers established on the territory of Romania, who carry out international transport operations, being sent to work for a limited period of time on the territory of a Member State other than Romania, or on the territory The Swiss Confederation, and which does not fall within the situations referred to in art. 5 5 para. ((2), the provisions apply art. 43 43 of Law no. 53/2003 53/2003, republished , with subsequent amendments and completions, and benefit from the rights provided for in art. 44 44 para. ((2) of the same normative act . + Article 10 ((1) Art. 6 lit. b) and c) do not apply in the case of initial assembly works and/or the first installation of a good, activities forming an integral part of a supply contract, are necessary for the commissioning of the goods supplied and are executed by qualified and/or specialised employees of the supplying undertaking, if the duration of the posting is not more than 8 days. ((2) The duration of the transnational posting shall be calculated on the basis of a reference period of one year from the start date. When calculating the duration of the transnational posting, account shall be taken of previous periods during which the post was occupied by a posted employee in the framework of the provision of transnational services. ((3) The exception provided in par. ((1) does not apply to activities in the field of construction, aimed at the construction, repair, maintenance, modification or demolition of buildings, provided in the annex that is an integral part of this law. + Article 11 Any allowance specific to the transnational posting shall be considered part of the minimum wage, in so far as it is not awarded as a refund of the expenses generated by the posting, namely the expenses of transport, accommodation and meals. + Article 12 ((1) Where the legislation of the Member State or of the Swiss Confederation, in which the undertaking referred to in art. 3 lit. a), provides for more favourable working conditions, the respective legislation has priority. ((2) If the Romanian legislation provides for more favourable working conditions than the conditions laid down in the legislation of the Member State or of the Swiss Confederation, on whose territory the Romanian workers are posted, the legislation Roman. + Article 13 Undertakings which are not established in the territory of a Member State or on the territory of the Swiss Confederation and which detach employees on the territory of Romania may not receive more favourable treatment than undertakings established in a State Member of the Swiss Confederation. + Chapter III Competent authorities and administrative cooperation + Article 14 ((1) For the purpose of implementing the provisions of this Law, the Labour Inspection is the competent authority with liaison office duties, which ensures the fulfilment of the obligation of administrative cooperation with the competent authorities of the Member States or the Swiss Confederation. ((2) Within 10 days from the date of entry into force of this Law, the Labour Inspection shall communicate to the competent authorities of the other Member States or the Swiss Confederation, as well as to the European Commission information on its quality of competent authority with liaison office duties. ((3) Administrative cooperation referred to in par. (1) is carried out by the Labour Inspection in compliance with the provisions Regulation (EU) No 1.024/2012 , exercising the role provided in art. 5 lit. f) of this Regulation. + Article 15 ((1) In the framework of administrative cooperation, the Labour Inspection shall respond to the reasoned information requests of the competent authorities of other Member States and the Swiss Confederation and carry out checks and control actions on the situations of transnational posting provided for in art. 5 5 para. ((2), including any non-compliance or abuse with regard to the applicable rules on transnational posting. ((2) Information requests provided in par. (1) may also cover the provision of information on the establishment on the territory of Romania, good conduct and violation by the enterprises referred to in art. 3 lit. b) the applicable rules on the transnational posting of employees. ((3) In the event of difficulties in responding to a request for information or in carrying out checks and control actions, the Labour Inspection shall inform the requesting competent authority without delay in order to find a solution. ((4) Where the Labour Inspection encounters persistent problems relating to the exchange of information from administrative cooperation or a permanent refusal to provide information from the competent authorities of other Member States, inform the European Commission, through the Ministry of Foreign Affairs, as IMI national coordinator. + Article 16 The Labour Inspection shall provide the information requested by the competent authorities of the Member States or by the European Commission by electronic means, in compliance with the following deadlines: a) within two working days of receipt of the application, in particular with regard to the verification of the existence of the establishment of the undertaking referred to in 3 lit. b) on the territory of Romania, in urgent cases, motivated and detailed in application, and which require only the consultation of national registers; b) within 25 working days of receipt of the request, in the case of all other requests for information, unless the competent authorities agree a shorter response time. + Article 17 ((1) The information requested and transmitted by the Labour Inspection in the framework of administrative cooperation with the competent authorities of other Member States and the Swiss Confederation shall be used only for the purpose for which they were requested. ((2) Administrative cooperation and the provision of mutual assistance shall be made free of charge. The registers in which the undertakings referred to in art. 3 lit. b), which can be consulted by the Labour Inspection and which are uploaded to the IMI System, can be consulted under similar conditions and by the equivalent competent authorities of the other Member States. + Article 18 ((1) Depending on the types of information requested in the framework of administrative cooperation on the transnational posting of employees, other national institutions may be designated as competent authorities. The designation procedure shall be determined by the methodological norms for the application of this law. ((2) Institutions designated as competent authorities according to par. (1) are registered in the IMI System, according to the legislation in force, and ensure administrative cooperation by providing information from their own field of competence, in compliance with the provisions, conditions and deadlines for response provided for in art. 15-17. ((3) Competent authorities designated in accordance with the provisions of par. (2) participate in administrative cooperation as personal data controllers, registered with the National Supervisory Authority for Personal Data Processing, under the law. ((4) The Labour Inspection shall communicate to the competent authorities of the other Member States and the Swiss Confederation and to the European Commission the list of national competent authorities designated in accordance with paragraph 1. ((1) participating in administrative cooperation. ((5) The national competent authorities shall respect the choice of each Member State and the option of the Swiss Confederation as regards the designated competent authorities. + Article 19 Information requests made in the framework of administrative cooperation between Member States shall also include information on the recovery of amounts from the application of an administrative financial penalty or the communication of a decision by which it is impose such a penalty, as provided for in art. 29-46. + Article 20 ((1) Administrative cooperation shall include, in the event of reasoned requests, the transmission or communication of documents. ((2) Communication of documents, other than those concerning the imposition of an administrative financial penalty to the undertakings referred to in art. 3 lit. b), at the request of the competent authorities of other Member States or of the Swiss Confederation, shall be carried out by the Labour Inspection, through the territorial labour inspectorates, under the conditions laid down in the methodological norms for the application of this laws. + Article 21 A request for information in the framework of administrative cooperation with the other Member States and the Swiss Confederation shall not limit the national competent authorities in taking measures in accordance with the tasks laid down in national law and/or arising from the European Union's right, in order to verify, control and prevent cases of violation of the provisions of this law. + Article 22 ((1) The Labour Inspection is the national competent authority to control, through the territorial labour inspectorates, the observance by the enterprises provided in art. 3 lit. a) the terms and conditions of employment provided for in art. 6. ((2) In the framework of the checks provided in (1), the Labour Inspection, through administrative cooperation, shall request, if necessary, the support of the competent authorities of the Member State of establishment of the undertakings referred to in Article 1. 3 lit. a). ((3) The competence of carrying out inspections and checks on compliance by the undertakings referred to in art. 3 lit. b) the terms and conditions of employment provided for in art. 8 during the transnational posting of an employee from the territory of Romania on the territory of a Member State or on the territory of the Swiss Confederation, the competent authorities of the Member State or the Swiss Confederation, as the case may be. ((4) The Labour Inspection, through the territorial labour inspectorates, ensures the monitoring and control of compliance with the provisions of the national legislation on the employees posted from the territory of Romania by the enterprises provided in art. 3 lit. b), for all aspects related to the working relationship, except for those provided in art. 8. ((5) In the framework of administrative cooperation, the Labour Inspection shall respond to requests for assistance received from the competent authorities of the other Member States or the Swiss Confederation on the undertakings referred to in Article 1. 3 lit. b). ((6) The Labour Inspection shall, as soon as possible, communicate any relevant information on possible infringements of this law to the competent authorities of other Member States and the Swiss Confederation responsible for verification and, where appropriate, sanctioning them. + Chapter IV Administrative requirements, control measures and inspections + Article 23 ((1) Labor inspection, through territorial labor inspectorates, verifies the application of the provisions of this law, in order to respect the rights of employees posted on the territory of Romania within the framework of transnational service provision. ((2) The Labour Inspection, through the territorial labour inspectorates, carries out effective and adequate inspections on the territory of Romania to control and monitor compliance with the provisions of this law. ((3) Without prejudice to the possibility of carrying out random checks by the Labour Inspection, through the territorial labour inspectorates, the inspections shall be based, first of all, on an annual risk assessment. ((4) The risk assessment procedure is regulated by the methodological norms for the application of this law. ((5) Labour inspection, through territorial labour inspectorates, shall ensure that inspections and checks carried out under this Act are not discriminatory and/or disproportionate. + Article 24 ((1) In order to ensure effective monitoring of compliance with the obligations provided for by this Law, the Labour Inspection shall impose administrative requirements and control measures in accordance with European Union law. ((2) The administrative requirements and control measures shall include the following obligations for the undertakings referred to in Article 3 lit. a): a) the obligation to transmit to the territorial labour inspectorate in whose territorial area the activity is to be carried out a declaration in Romanian regarding the posting of own employees, at the latest on the working day preceding the start the activity, containing the relevant information necessary to allow for factual controls at work; b) the obligation to hold and make available to the labour inspectors, at their request, as well as to keep in an accessible and clearly identifiable place on the territory of Romania, during the transnational posting, children, in format Electronic or paper-based, or copies of equivalent documents relating to: ((i) the employment contract or an equivalent document, and where necessary or relevant, additional information relating to the duration of the employment, the currency in which the payment of the salary is made, the benefits in kind or in the money to which it benefits the employee during the transnational posting, the conditions governing the repatriation of the employee; ((ii) salary and proof of payment; ((iii) the duration of working time and attendance record; c) the obligation to provide the documents referred to in point b), after the end of the posting period, at the request of the Labour Inspection or of the territorial labour inspectorates, no later than 20 working days from the time of receipt of the request; d) the obligation to provide a translation into the Romanian language of the documents referred to in lett. b); e) the obligation to designate a person to liaise with national competent authorities and to send and receive documents and/or opinions, if applicable. ((3) Enterprises referred to in art. 3 lit. a) have the obligation provided in par. ((2) lit. c) for 3 years after the end of the transnational posting period. ((4) Administrative requirements and control measures referred to in paragraph 1. (2), as well as the contravention sanctions applicable to the undertakings referred to in 3 lit. a), in case of non-compliance, are provided in the methodological norms for the application of this law. ((5) In order to ensure effective monitoring of compliance with the obligations laid down in this Law, where new situations arise from the development of transnational posting and for which the existing requirements are not sufficient or effective carrying out the control actions, the Ministry of Labour and Social Justice, at the proposal of the Labour Inspection, establishes, through the methodological norms for the application of this law, administrative requirements and additional control measures compared to those provided for in par. ((2) and, respectively, contravention sanctions applicable to the undertakings referred to in art. 3 lit. a), in case of non-compliance. ((6) The Ministry of Labour and Social Justice informs the European Commission on the measures provided in par. ((2) and (5) which it applies or which it has implemented. ((7) The Labor Inspection informs the enterprises provided in art. 3 lit. a) with regard to the administrative requirements and the control measures they apply, in accordance with par. ((2) and (5), including by publishing on its website. ((8) The procedures and formalities regarding the transnational posting of employees according to the provisions of this Article are fulfilled by the enterprises provided in art. 3 lit. a) by submitting the documents to the territorial labor inspectorates, in electronic or on paper form, by postal services, courier or any other means of communication provided by law. ((9) In the meaning of para. ((2) lit. b), through accessible and clearly identifiable place on the territory of Romania is understood the place of work as defined in art. 5 lit. k) of the Law on Safety and Health at Work no. 319/2006 ,, as amended. + Article 25 Art. 24 24 are without prejudice to the obligations arising from European Union law, in particular those arising from Commission Implementing Regulation (EU) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, of Law no. 319/2006 , as amended, nor to those arising from the Romanian legislation on the employment of employees, provided that the latter are equally applicable to the enterprises established in Romania and to be justified and proportional. + Chapter V Defence of rights, liability for subcontracting, access to information + Article 26 ((1) If the employees posted on the territory of Romania under the present law consider that their rights regarding working conditions have been violated or that they have suffered losses or damages as a result of non-compliance with the provisions the present law, can be addressed to the Labour Inspection and/or to the competent courts of Romania or to the courts of another state according to the existing international conventions on jurisdiction and may submit complaint against their employer directly. ((2) Provisions of para. (1) are also applicable after the termination of the transnational posting period on the territory of Romania, in compliance with the provisions of the Romanian legislation on limitation periods or deadlines for the introduction of actions in justice/complaints/appeals filed by Romanian employees for non-compliance with the rights provided in par. ((1). ((3) Provisions of para. ((1) shall apply without prejudice to the powers of the national courts, as provided for by national law and/or international conventions. ((4) Trade unions, associations, organisations and other legal entities which have, in accordance with the criteria laid down in national law, legitimate interests in respect of the rights of transnational posted employees may, on its behalf, initiate the support of the posted employees or their employer and their written consent, judicial or administrative actions, in order to implement this law. ((5) Provisions of para. ((1) and (4) shall apply without prejudice to: a) other duties and collective rights of the social partners and employees ' representatives, provided for by national legislation; b) the national legal provisions for representation and defence proceedings before the courts. ((6) If the employees seconded under the present law initiate actions in court or administrative actions against their employer, in accordance with the provisions of par. ((1), benefit from protection against any adverse treatment on the part of the employer. ((7) For the purposes of paragraph (6), it is forbidden to modify unilaterally by the employer relations or working conditions, including the dismissal of the posted employee who has submitted an administrative action or who has filed a complaint with the competent courts in order to apply the provisions of this law, and after the court decision has remained final, except for good reasons and unrelated to the administrative action or the complaint filed by the employee. ((8) The employer of the posted employee bears the responsibility for granting all his rights provided for in the individual employment contract and/or the applicable collective agreement. ((9) The employer of the posted employee has the following obligations to him: a) pay any outstanding net remuneration due under the provisions of art. 6, respectively art. 8 8; b) pay any retroactive amounts or refunds of taxes, taxes or social security contributions, unduly deducted from its salary; c) to reimburse the costs of which the amount cannot be justified in relation to the net salary of the posted employee or the quality of the accommodation, retained or deducted from salaries for the accommodation offered by the employer; d) pay contributions to funds or common institutions of the social partners, unduly withheld from the salary of the posted employee, as the case may be. ((10) Provisions of para. ((8) shall also apply in cases where posted employees have returned from the Member State or the Swiss Confederation in which the transnational posting took place. + Article 27 ((1) Within the subcontracting chains, for the activities set out in the Annex, the contractor to which the undertaking referred to in art. 3 lit. a) is a direct subcontractor liable jointly and severally with it or in its place for the outstanding net salary rights related to the minimum wage granted under this law and/or contributions due to common funds or institutions of the social partners in accordance with the provisions of art. 6. ((2) Liability provided in par. ((1) is limited only to the rights of the posted employee obtained under the contractual relationship between the contractor and its subcontractor. ((3) The contractor shall be exempt from any liability if he proves that he has asked the subcontractor for the documents attesting to his compliance with the conditions of work provided for, in accordance with the provisions of art. 6, for posted employees. ((4) The documents provided in par. ((3) must contain, at least, the following: a) proof of payment of salary of posted employees, according to art. 6 lit. c); b) compliance with the applicable rules on the maximum duration of working time and the minimum duration of periodic rest, according to the provisions of art. 6 lit. a); c) a declaration on his own responsibility of the subcontractor, whereby he undertakes to respect the rights of posted employees, in accordance with the provisions of art. 6. ((5) The Ministry of Labour and Social Justice informs the European Commission of the measures adopted in accordance with the provisions of this Article. ((6) Public Labor Inspection on its website, in Romanian and English, the measures adopted in accordance with the provisions of this Article. + Article 28 ((1) The Labour Inspection ensures widespread information on the terms and conditions of employment enjoyed by employees posted on the territory of Romania, in accordance with the provisions of art. 6, and which they must comply with and apply to the undertakings referred to in art. 3. ((2) The information is made available free of charge, in a clear, transparent, detailed, unambiguous, easily accessible remote and electronic means, in formats and in accordance with the IT standards on accessibility online that ensures access including people with disabilities. ((3) In order to improve access to information and their clarity, the Labour Inspection ensures the publication and regular updating, on its website, at least of the following information: a) the terms and conditions of employment provided for in art. 6 6; b) the specific procedure regarding the posting of employees on the territory of Romania in the framework of transnational service provision; c) data on the administrative and control measures applicable to the undertakings referred to in art. 3 lit. a), according to the provisions of art. 24 24; d) the list and contact details of the territorial labour inspectorates; e) data on collective agreements concluded at sectoral level, with extended applicability to the entire sector of activity, according to the legal provisions, and with regard to the terms and conditions of employment applicable to employees seconded on the territory of Romania on the basis of these collective agreements, as well as, as the case may be, references to the official websites of the representative social partners; f) data on complaints procedures. ((4) The information provided in par. (3) are made available in Romanian and English. ((5) In order to improve access to information, the Labour Inspection shall annually assess the need for the provision of information and establish their publication in other official languages of the European Union, depending on the information requests received. ((6) The Labour Inspection designates the contact persons within the liaison office responsible for the settlement of information requests and publishes on the institution's website their contact details. ((7) The Ministry of Labour and Social Justice and Labour Inspection ensure the updating of the information provided in the country sheet on the transnational posting of employees on the territory of Romania, annually or whenever necessary. ((8) The Ministry of Labour and Social Justice and Labour Inspection are the national authorities providing the general information to posted employees and businesses in relation to national law and practice, applicable to them in respect of their rights and obligations in Romania. + Chapter VI Cross-border recovery of amounts from the application of administrative financial penalties and/or contravention fines + Article 29 Without prejudice to other national legal provisions laid down by special laws or by way of European Union law, the principle of mutual assistance and mutual recognition, and the measures and procedures provided for in this Chapter shall apply with regard to the cross-border recovery of the amounts arising from the application of administrative financial penalties and/or of the contravention fines imposed: a) an undertaking referred to in art. 3 lit. a) for non-compliance with legal provisions b) an undertaking referred to in art. 3 lit. b), for non-compliance with the applicable rules on transnational posting of employees in the host Member State. + Article 30 The provisions of this Chapter apply: a) administrative financial penalties as defined in art. 2 2 para. ((1) lit. o); b) contravention fines imposed by the Labour Inspection, through the territorial labour inspectorates, to the enterprises referred to in art. 3 lit. a), for non-compliance with the provisions + Article 31 This law is without prejudice to provisions Law no. 302/2004 on international judicial cooperation in criminal matters, republished, with subsequent amendments and completions, and the relevant international and European law rules in the field of judicial cooperation in criminal matters and neither Government Emergency Ordinance no. 119/2006 on certain measures necessary for the application of Community regulations from the date of accession of Romania to the European Union, approved by additions Law no. 191/2007 , with subsequent amendments and completions. + Article 32 ((1) The Labour Inspection shall be designated as the competent national authority for the application of the provisions of this Chapter, responsible for the administrative transmission of requests for communication of a report of finding and sanctioning the contravention, respectively the administrative receipt of requests for communication of a decision imposing an administrative financial penalty. ((2) The National Agency for Fiscal Administration shall be designated as the national competent authority for the application of the provisions of this Chapter, responsible for the administrative transmission of recovery requests for contravention fines and the administrative receipt of requests for recovery of amounts of administrative financial penalties. ((3) Within the meaning of this chapter, the Labour Inspection and the National Agency for Fiscal Administration shall have the role of requested and requesting authorities, as the case may be, for the application of the provisions of this chapter, in accordance with the powers provided in ((1) and (2). ((4) The Labour Inspection shall, through the IMI System, communicate to the European Commission the national competent authorities designated for the application of this Chapter + Article 33 ((1) Labor Inspection, as requested authority, as a result of an application received under the conditions provided in art. 53 53 para. ((1) on the part of a requesting authority in another Member State, subject to the provisions of art. 40 and 42, communicate to the undertaking provided in art. 3 lit. b) the decision imposing an administrative financial penalty, as well as other relevant documents, as the case may be, in certified copy for conformity with the original. ((2) The Labour Inspection shall recognise the application for communication without further formalities and shall promptly take all measures necessary for its implementation, unless the grounds for refusal provided for in Article 2 are invoked. 42. ((3) Communication of the decision to impose the administrative financial penalty to the enterprise established in Romania, according to the provisions of par. ((1), shall be carried out in accordance with the procedures established by Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ((4) Communication referred to in par. (3) shall be carried out by the territorial labour inspectorate in whose territorial area the seat of the undertaking is situated and shall have the same effect as if it had been carried out directly by the requesting Member State. ((5) By way of derogation from provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, the procedure for communicating the decision to impose an administrative financial penalty shall be carried out within a maximum of 30 days from the date of receipt by the Labour Inspection of the communication request. ((6) The procedure and the deadlines for communication provided in par. (5) shall be established by the methodological norms for the application of this law. ((7) The Labour Inspection shall inform the requesting authority as soon as possible of, where appropriate, of: a) the measures adopted as a result of the communication request received and in particular on the date on which the decision to impose an administrative financial penalty was communicated to the undertaking established in Romania, according to par. ((1) and (3)-(5); b) the grounds for refusal of the communication of the decision imposing an administrative financial penalty, in accordance with the provisions of art. 42. + Article 34 The National Agency for Fiscal Administration, as requested authority, following an application received from the requesting authority from another Member State, subject to the provisions of art. 41 and 42, undertake recovery measures, according to the provisions Law no. 207/2015 on the Fiscal Procedure Code , as amended and supplemented, an amount of administrative financial penalties imposed in accordance with the normative acts and procedures of the requesting Member State by a competent authority or confirmed by the to an administrative or judicial body or, as the case may be, by a competent court in the field of labour law and which is not subject to an appeal. + Article 35 ((1) The National Agency for Fiscal Administration, as the requested authority that receives a request for the recovery of an amount from administrative financial sanctions transmitted in accordance with the provisions of art. 34 34 and art. 53 53 para. (1), acknowledges the application in question without further formalities being required. ((2) The National Agency for Fiscal Administration, through the subordinated central fiscal bodies, shall take, without delay, all necessary measures, in accordance with the provisions Law no. 207/2015 , with subsequent amendments and completions, for the implementation of the recovery request received according to the provisions of par. ((1), unless it decides to invoke one of the grounds for refusal provided for in art. 42. ((3) The enforceable title which allows the recovery of such amounts from administrative financial penalties, issued in the requesting Member State, shall be replaced by an enforceable title permitting its execution in Romania, as provided for in art. 226 226 of Law no. 207/2015 , with subsequent amendments and completions. ((4) The National Agency for Fiscal Administration, through the subordinated central fiscal bodies, converts the claim representing the amount from the administrative financial penalty of the national currency of the requesting Member State into the national currency of Romania, at the official exchange rate published by the National Bank of Romania on the date on which the sanction was imposed. + Article 36 In the case of recovery of an amount from administrative financial sanctions, the National Agency for Fiscal Administration, as requested authority, through the subordinated central fiscal bodies, shall act in accordance with the Law and administrative provisions applicable to infringements or decisions identical to those in question or, in the absence of identical categories, infringements or similar decisions. + Article 37 ((1) The National Agency for Fiscal Administration, as requested authority, shall take all necessary measures to inform, within a maximum of 30 days from the date of receipt of the request, the undertaking provided for in art. 3 lit. b) the application for the recovery of an amount of administrative financial penalties, as well as the relevant documents, as the case may be, in accordance with the Romanian legislation. ((2) The National Agency for Fiscal Administration, as the requested authority, shall promptly inform the requesting authority of: a) the actions taken as a result of its recovery request and the date on which the information referred to in paragraph 1 was made. ((1); b) the reasons for refusal, if the National Agency for Fiscal Administration refuses to comply with the request for recovery of an amount from administrative financial sanctions, in accordance with the provisions of art. 42. + Article 38 ((1) In the cases provided in art. 50 50 para. (3), in which the communication of the minutes of finding the contravention and the application of the sanction by the territorial labor inspectorate, according to the provisions of art. 50 50 para. (2), cannot be carried out, the territorial labour inspectorate shall transmit to the Labour Inspection, in electronic format, a scanned copy of the minutes of finding and sanctioning the contravention applied to an enterprise referred to in art. 3 lit. a) for non-compliance with the legal provisions, certified for compliance with the original, in order to carry out by the Labour Inspection a request for communication. ((2) Transmission of the minutes of finding the contravention and application of the sanction according to par. ((1) shall be carried out within 5 working days from the date of: a) receipt by the territorial labour inspectorate of a document proving the non-performance of the communication; or b) fulfillment of the 30-day period from the moment of transmission of the minutes of finding and sanctioning the contravention by the territorial labor inspectorate in accordance with the provisions of art. 50, in case of non-receipt by the territorial labor inspectorate of a document on confirmation or non-performance of communication, as the case may be. ((3) The Labour Inspection cannot transmit a request for communication of the minutes of finding and sanctioning the contravention if and as long as the fine is challenged by the respective enterprise on the territory of Romania. ((4) The Labor Inspection formulates the communication request within 5 working days from the date of receipt of the minutes of finding and sanctioning the contravention from the territorial labor inspectorate. ((5) The Labour Inspection has the obligation to complete the communication request with all the elements provided in art. 40 and to attach to this request the minutes of finding and sanctioning the contravention. ((6) The communication of a report of finding and sanctioning the contravention, carried out by the requested authority of the Member State of establishment of the undertaking, at the request of the Labour Inspection, shall be regarded as having the same effect as in which it would have been carried out directly by the Labour Inspection. ((7) The Labour Inspection transmits to the territorial labour inspectorate, within 5 working days from the date of receipt, the information on the measures taken to communicate the minutes of finding and sanctioning the contravention, as well as the date of which has been communicated to the offender, information received from the requested authority of the Member State of establishment of that undertaking. ((8) In case of refusal of the requested authority to comply with the notification request, the Labor Inspection shall remedy the issues invoked as the reason for the refusal and resubmit the documents provided in par. (5) within 5 working days from the date of receipt of the refusal. + Article 39 ((1) The territorial labor inspectorates transmit the minutes of finding and sanctioning the contravention of the central fiscal bodies subordinated to the National Agency for Fiscal Administration, only when the minutes of finding and sanction of contravention is communicated and is not challenged on the territory of Romania. ((2) The National Agency for Fiscal Administration, as the requesting authority, shall ensure that the application for the recovery of a contravention fine is carried out in accordance with the provisions of the national legislation. ((3) The wording of the application for the recovery of a contravention fine is carried out only if the National Agency for Fiscal Administration, through the subordinated central fiscal bodies, is not able to proceed to the recovery of the claims, according to provisions of national law in this field. ((4) The National Agency for Fiscal Administration does not make a request for the recovery of a contravention fine if and as long as the fine, as well as the corresponding debt and/or enforceable title are challenged in Romania. ((5) The National Agency for Fiscal Administration shall ensure that the request for recovery submitted contains all the elements provided for in art. 41. ((6) The request for recovery of the contravention fine shall be drawn up by the National Agency for Fiscal Administration, through the subordinated central fiscal bodies, within 6 months from the date of receipt of the minutes of finding and sanctioning contravention, in accordance with the provisions of par. ((1). ((7) The National Agency for Fiscal Administration, as the requesting authority, through the subordinated central fiscal bodies, will no longer pursue the recovery of the contravention fine after receiving the acceptance of the processing of the request for recovery from requested authority. + Article 40 The request for communication of the decision on the application of an administrative financial penalty and/or a contravention fine shall be made by means of the uniform instrument of communication by the requesting authority and shall indicate at least the following: a) the name and address of the consignee and any other data or information relevant to the identification of b) a summary of the facts and circumstances of the infringement of the applicable law, the nature of the contravention which led to the application of the sanction and/or the fine and the relevant legislative rules applicable; c) the instrument permitting enforcement in the requesting Member State and all other relevant information or documents, including those of a judicial nature, with regard to the corresponding debt or administrative financial penalty and/or fine Contravention; d) the name, address and other contact details of the competent authority responsible for the assessment of the sanction and/or the fine and, where different, the competent body which may provide additional information on the sanction and/or the fine or the possibilities to contest the payment obligation or the taxation decision; e) purpose of communication f) the time limit to be performed. + Article 41 The request of the requesting authority to recover an amount from an administrative financial penalty and/or a contravention fine shall be made by means of the uniform recovery instrument and shall contain at least the following elements: a) the name and address of the consignee and any other data or information relevant to the identification of b) a short presentation of the facts and circumstances of the infringement, the nature of the act/contravention and the relevant applicable rules; c) the instrument permitting enforcement in the requesting Member State and all other relevant information or documents, including those of a judicial nature, with regard to the corresponding debt or administrative financial penalty; d) the name, address and other contact details of the competent authority responsible for the assessment of the financial administrative penalty and, where different, the competent body which may provide additional information on the sanction or the possibilities to contest the payment obligation or the decision imposing it; e) the date on which the decision or decision became enforceable or final; f) description of the nature and value of the administrative financial penalty, any relevant data in the context of the recovery process g) if the decision or decision has been communicated to the parties and/or taken in the absence thereof, it will be mentioned how it was communicated and/or taken; h) confirmation by the requesting authority that the sanction is not subject to any remedy; i) the description of the corresponding claim for which the application and its various components are made. + Article 42 ((1) The National Agency for Fiscal Administration or Labour Inspection, as the case may be, respectively the requested authorities of the other Member States are not obliged to comply with a request for recovery or communication of an administrative financial penalty and/or a contravention fine, if that request: a) does not contain the information provided for in 40 or 41, as the case may be, or is incomplete; b) there is a clear lack of consistency between the request and the corresponding decision ((2) The National Agency for Fiscal Administration, through the subordinate central fiscal bodies, respectively the requested authorities of the other Member States, as the case may be, may refuse to comply with a request for recovery and in the following situations: a) whether the research carried out by the requested authority is evident that the expected resources or costs for taking measures to recover the amount from the administrative financial penalty are disproportionate to the the amount to be recovered or whether the recovery of the claim is likely to generate, due to the debtor's situation, serious economic or social difficulties in the requested Member State, in so far as legal regulations and practices the administrative provisions in force in that Member State allow such an exception in the national debt; b) the amount of the total financial penalty and/or the total fine is less than the equivalent of EUR 350 in national currency; c) the fundamental rights and freedoms of the Parties and the principles of law applicable to them, as set out in the Constitution of the requested Member State, shall not be respected. + Article 43 ((1) If, in the course of a recovery procedure, started in accordance with the provisions of art. 35, the National Agency for Fiscal Administration is informed, through the IMI System, by the requesting authority that the administrative financial penalty and/or the corresponding debt make/is the subject of an appeal or of a request for an appeal from the undertaking concerned or an interested party, the National Agency for Fiscal Administration will communicate these matters to the central fiscal bodies in order to suspend the recovery procedure pending the decision the competent body or competent authority of the Member State Applicant. ((2) If the minutes of finding and sanctioning a contravention applied in Romania to an enterprise referred to in art. 3 lit. a) is the subject of an appeal or a request for appeal from the undertaking concerned or of an interested party, the Labour Inspection, through the territorial labour inspectorates, shall promptly notify the subordinate central fiscal bodies National Agency for Fiscal Administration. ((3) The National Agency for Fiscal Administration shall promptly inform the competent authority of the requested Member State, in order to suspend the recovery procedure by that Member State, pending the resolution of the appeal or the application for appeal, the situation in which a request for recovery was sent to that state, in accordance with the provisions of art. 39. + Article 44 ((1) Enterprises referred to in art. 3 lit. b) address any appeal or appeal with regard to the administrative and/or financial penalty of the competent authority of the host Member State in whose territory it has seconded employees. ((2) Enterprises referred to in art. 3 lit. a) addresses any appeal or request for appeal regarding the application of a contravention fine by the Labour Inspection or territorial labor inspectorates, in accordance with the provisions of this law, to the court competence in Romania. ((3) Prior complaints about recovery measures or on the validity or method of carrying out a communication carried out by the national competent authorities, in accordance with the provisions of art. 33-36, shall be introduced by the undertakings referred to in art. 3 lit. b), to the competent administrative authorities in accordance with the Romanian legislation. ((4) Requests for appeal on recovery measures or on the validity or modality of carrying out a communication carried out by the national competent authorities, in accordance with the provisions of art. 33-36, shall be introduced by the undertakings referred to in art. 3 lit. b), at the courts in Romania, in accordance with the Romanian legislation. + Article 45 ((1) Amounts recovered, related to contravention fines or administrative financial penalties, as applicable, shall be returned to the requested authority. ((2) The National Agency for Fiscal Administration, as the requested authority, through the central fiscal bodies subordinated, shall recover the amounts due in the national currency of Romania, in accordance with the provisions of Law no. 207/2015, with subsequent amendments and completions. ((3) Amounts recovered in accordance with the provisions of para. (2) are made income to the state budget. ((4) Fines imposed on undertakings referred to in art. 3 lit. a), for violation of the provisions of this law, shall be paid in cash at any State Treasury unit or by transfer to the corresponding income account of the state budget opened at the Treasury and Public Accounting Activity of Bucharest Municipality, codified with the tax identification code of the Regional General Directorate of Public Finance Bucharest or in an account opened at a credit institution. + Article 46 National competent authorities shall not require reimbursement of the costs arising from the mutual assistance they grant to the competent authorities of other Member States in accordance with the provisions of this Chapter or resulting from the application of it. + Chapter VII Contravention liability + Article 47 Enterprises referred to in art. 3 lit. a) respond according to the Romanian legislation, for non-compliance with the working conditions provided in 6. + Article 48 It constitutes contravention and is sanctioned with contravention fine from 3,000 lei to 100,000 lei violation of the provisions of art. 26 26 para. ((7). + Article 49 Finding of contraventions and application of sanctions established according to art. 24 24 para. ((4) and (5), as well as those provided for in art. 47 and 48 are done by labor inspectors. + Article 50 ((1) The minutes of finding and sanctioning the contravention and application of the sanction, drawn up according to the law, for the contraventions committed under the conditions provided in art. 24 24 para. ((4) and (5), art. 47 and 48, shall be communicated to the undertaking referred to in 3 lit. a), under the conditions provided in par. ((2)-(4). ((2) The communication of the minutes of finding and sanctioning the contravention and the application of the sanction is made by the territorial labor inspectorates, within a maximum of 5 working days from the date of its issuance, by post, with letter recommended with declared content and acknowledgement of receipt, in closed envelope, at the establishment address of the Member State or the Swiss Confederation. ((3) In the situation provided in par. (2), if the correspondence is returned, in situations other than those provided in par. ((4) lit. c) or if, within 30 days from the date of dispatch of the minutes, a confirmation of its receipt is not received, the territorial labor inspectorate will transmit to the Labour Inspection the necessary documents in order to transmit a requests for the communication of the minutes of finding and sanctioning the contravention and application of the sanction, in accordance with the provisions of art. 38, without the need to communicate by display at the foreign headquarters of the enterprise or by other means of advertising. ((4) The procedure for communicating the minutes of finding and sanctioning the contravention and the application of the sanction is considered fulfilled: a) on the date stated on the acknowledgement of receipt certifying their receipt by the undertaking; b) on the date of communication of the minutes of finding and sanctioning the contravention and the application of the sanction, confirmed by the requested authority of the Member State of establishment of the enterprise, following the transmission by the Labour Inspection of the request for the communication of the minutes, in accordance with the provisions of art. 38 38; c) on the date of the record by the staff of the postal service provider, as the case may be, of the refusal to sign the acknowledgement of receipt, the refusal to receive the correspondence or the impossibility to sign, for good reasons, the acknowledgement of receipt, whether or not the recipient has received personal correspondence. + Article 51 By way of derogation from provisions art. 14 14 para. (1) of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, the execution of contravention sanctions applied for contraventions committed under the conditions provided in art. 24 24 para. ((4) and (5), art. 47 and 48 are prescribed if the minutes of finding and sanctioning the contravention and application of the sanction were not communicated to the offender within 4 months from the date of application of the sanction. + Article 52 The provisions of this Chapter shall be duly completed with the provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented, except art. 14 14 para. ((1) of the same ordinance . + Chapter VIII Transitional and final provisions + Article 53 ((1) Administrative cooperation and mutual assistance between the competent authorities of Romania and the competent authorities of the Member States referred to in art. 14 14-22 and in art. 33-43, are implemented through the IMI System. ((2) Administrative cooperation and mutual assistance between the competent authorities of Romania and the competent authorities of the Swiss Confederation, referred to in art. 14-22, are implemented through bilateral agreements or agreements. ((3) Labour inspection and/or the Ministry of Labour and Social Justice may conclude with the competent authorities of the Member States or the Swiss Confederation bilateral agreements or arrangements concerning administrative cooperation and mutual assistance in respect of concerns the application and monitoring of the terms and conditions of employment applicable to posted employees, provided that these bilateral agreements or arrangements are without prejudice to the rights and obligations of employees or those undertakings. ((4) The Ministry of Labour and Social Justice shall inform the European Commission of the bilateral agreements and/or arrangements which it applies and make available to it those texts. ((5) Within the framework of bilateral agreements or agreements referred to in par. ((3), with the exception of those concluded with the Swiss Confederation, the Labour Inspection uses the IMI System. ((6) Within the framework of administrative cooperation and mutual assistance provided in par. (1), the processing of personal data shall be carried out by the national authorities provided by this law, designated as competent authorities and registered in the IMI System for its use, in accordance with the provisions of legal protection of natural and legal persons with regard to the processing of personal data. + Article 54 ((1) This law shall enter into force 60 days from the date of publication in the Official Gazette of Romania, Part I. ((2) The date of entry into force of this Law shall be repealed Law no. 344/2006 on the posting of employees in the framework of the provision of transnational services, published in the Official Gazette of Romania, Part I, no. 636 636 of 24 July 2006, with subsequent amendments and completions. + Article 55 Within 60 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Labour and Social Justice will develop the methodological norms for its application, which are approved by Government decision. + Article 56 Specific procedure regarding the posting of employees in the framework of the provision of transnational services on the territory of Romania, regulated by Government Decision no. 104/2007 , published in the Official Gazette of Romania, Part I, no. 111 of February 14, 2007, maintains its validity until the date of entry into force of the Government decision provided in art. 55. * * * * This law transposes: - Directive 96 /71/EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers in the framework of the provision of services, published in the Official Journal of the European Communities, L series no. 18 18 of 21 January 1997; - Directive 2014 /67/EU of the European Parliament and the Council of 15 May 2014 on enforcement Directive 96 /71/EC on the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1.024/2012 on administrative cooperation through the Internal Market Information System ("IMI Regulation"), published in the Official Journal of the European Union, L series, no. 159 159 of 28 May 2014. This law was adopted by the Romanian Parliament, in compliance with the provisions art. 75 and ale art. 76 76 para. (1) of the Romanian Constitution, republished .
CHAMBER OF DEPUTIES PRESIDENT
NICOLAE-LIVIU DRAGNEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, March 17, 2017. No. 16. + ANNEX Construction activities, aimed at the construction, repair, maintenance, modification or demolition of buildings: a) excavations; b) Earthmoving; c) construction; d) mounting and disassembly of prefabricated elements; e) fitting or fitting; f) transformation; g) renovation; h) repair; i) dismantling; j) demolition; k) maintenance; l) maintenance, painting and cleaning works; m) Improvements. ----