LEGE no. 130 130 of 20 July 1999 (* republished *) on certain measures for the protection of persons employed
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 190 190 of 20 March 2007
-------- Note ... * *) Republicated pursuant to art. II of Law no. 450/2006 to amend and supplement Law no. 130/1999 on certain measures for the protection of persons employed, published in the Official Gazette of Romania, Part I, no. 1.004 of 18 December 2006, giving the texts a new numbering. Law no. 130/1999 was published in the Official Gazette of Romania, Part I, no. 355 355 of 27 July 1999 and subsequently amended by Government Emergency Ordinance no. 136/1999 to amend and supplement Law no. 130/1999 on certain measures for the protection of persons employed, published in the Official Gazette of Romania, Part I, no. 461 of 23 September 1999, approved with additions by Law no. 322/2001 , published in the Official Gazette of Romania, Part I, no. 342 342 of 27 June 2001, by Law no. 577/2003 on approval Government Emergency Ordinance no. 9/2003 to amend and supplement Law no. 19/2000 on the public pension system and other social security rights, published in the Official Gazette of Romania, Part I, no. 1 1 of 5 January 2004, and by Law no. 403/2005 to amend and supplement Law no. 130/1999 on certain measures for the protection of persons employed, published in the Official Gazette of Romania, Part I, no. 16 16 of 9 January 2006. Limits of the contravention fines provided by Law no. 130/1999 have been increased by Government Decision no. 238/2002 , published in the Official Gazette of Romania, Part I, no. 204 204 of 26 March 2002. + Chapter I Measures for the protection of persons employed + Article 1 Individual employment contracts concluded by the following categories of employers will be registered, within 20 days from the date of their conclusion, at the territorial labour inspectorates: a) individuals; ... b) companies with private capital; ... c) cooperative associations; ... d) family associations; ... e) associations, foundations, trade union and employers ' organizations; ... f) any other organizations that are constituted and operate according to the Romanian legislation. ... + Article 2 (1) The work carnets of the employees assigned to the employers referred to in art. 1 shall be kept and completed by the territorial labour inspectorates in whose territorial area the employer is based. ... (2) Employers are obliged to submit to the territorial labour inspectorates to which the employees ' work books are preserved and completed: ... a) the acts regarding the execution, suspension, modification and termination of individual employment contracts, within 5 days from their completion; ... b) monthly, the evidence for calculating the salary rights, until the 25th of the month following that for which their payment is made. ... (3) Employers who have set up secondary offices in counties other than in the one where the employer is based may request that the retention and completion of work books of employees who provide work in secondary premises be made by to the territorial labour inspectorates in whose territorial area they operate. In this case, employers have the obligation to register the individual employment contracts of the employees and to submit the documents mentioned in par. (2) at the territorial labour inspectorate in whose territorial area the secondary office operates and to hold at the secondary office a copy of these documents. ... + Article 3 (1) At the request of employers who have the possibility to keep and complete the employees ' work books, the territorial labor inspectorates may approve that these operations should be carried out by these employers. ... (2) Employers referred to in par. (1) have the following obligations: ... a) to submit monthly to the territorial labor inspectorate the evidence of calculating the salary rights, until the 25th of the month following that for which their payment is made; ... b) to present the work books of the employees to the territorial labor inspectorates, upon the termination of their individual employment contracts, in order to certify the entries made. ... (3) Employers who have set up secondary offices in counties other than in the one where the employer is based may request that the retention and completion of work books of employees who provide work in secondary premises be made by to these. In this case, employers have the obligation to register the individual employment contracts of the employees and to submit the documents provided in par. (2) at the territorial labour inspectorate in whose territorial area the secondary office operates. ... + Article 4 (1) Individual labor contracts concluded by Romanian citizens with diplomatic missions and foreign consular offices based in Romania, as well as with the Romanian representations of companies, associations, foundations or organizations based in abroad is registered with the Territorial Labour Inspectorate of Bucharest, respectively at the territorial labour inspectorates where the diplomatic missions, foreign consular offices based in Romania, as well as the Romanian representations of companies, associations, foundations or organizations based in Abroad. ... (2) The work carnets of the Romanian citizens mentioned in par. (1) shall be kept and completed by the Territorial Labour Inspectorate of Bucharest Municipality, respectively by the territorial labor inspectorates. ... + Article 5 (1) For the provision of the services provided for in this Law, the territorial labor inspectorates shall charge an established commission as follows: ... a) 0.75% of the monthly salary fund, employers to whom they keep and complete their work books; ... b) 0.25% of the monthly salary fund, to employers to whom the services provided in art. 3, consisting in the verification and certification of the legality of the records made by them. ... (2) Employers referred to in art. 2 and 3 have the obligation to calculate the commission and to submit monthly to the territorial labor inspectorate a tax return on the establishment of the commission. The payment of the commission and the submission of the declaration will be made by the 25th of the month following that for which it is due. ... (3) They have the obligation to calculate the commission and to submit monthly to the territorial labor inspectorate a tax declaration on the establishment of the commission and secondary offices of employers, in a situation where the preservation and completion of the work books of the employees, namely the verification and certification of the entries made in the work books, are made by another territorial labour inspectorate than the one where the employer is based. ... (4) The model of the tax declaration referred to in (2), as well as the instructions for submission and completion thereof shall be approved by order of the Minister of Labour, Social Solidarity and Family, which shall be published in the Official Gazette of Romania, Part I. ... ((5) The amounts representing the commission referred to in par. (1) constitute own income of the Labour Inspection, shall be kept at the State Treasury and bear interest. ... + Article 6 (1) Labour inspection and territorial labour inspectorates shall exercise control over the manner in which the provisions of this law are applied. ... (2) Employers have the obligation to allow the control and to make available to the competent bodies all the documents and documents requested. ... (3) Against the control acts related to the calculation of the commission due and the penalties related to it, established according to the provisions of this law, can be filed an appeal, which is resolved by the issuing body. ... ((4) By way of derogation from provisions art. 3 3 para. ((2) of Law no. 252/2003 on the single control register, in the case of checks aimed at detecting non-legal work, the single control register shall be completed after they have been carried out. ... + Chapter II Legal liability + Article 7 Failure by the employer to comply with art. 1, 2, of art. 3 3 para. ((2) and art. 5 5 para. (2) constitutes contravention and is sanctioned with a fine of 3,000 lei to 6,000 lei. + Article 8 It constitutes a contravention and is sanctioned with a fine from 4,500 lei to 9,000 lei the employer's refusal to allow the entry into the premises of the control bodies provided in art. 6 or to make available the requested documents. + Article 9 (1) The finding and sanctioning of the contraventions provided by this law shall be made by the labor inspectors. ... (2) The provisions of this Law, relating to contraventions, shall be supplemented by the provisions 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. ... ((3) The offender may pay on the spot or within 48 hours from the date of conclusion or communication of the minutes half of the minimum of the fine provided by law, corresponding to the deed for which he was sanctioned, the ascertaining agent making mention of this possibility in the minutes. ... + Article 10 (1) It constitutes a crime and is punishable by imprisonment from 6 months to 1 year or with criminal fine the act of the person who repeatedly establishes for employees under the individual employment contract salaries below the minimum wage level gross per country guaranteed in payment, provided by law. ... (2) With the punishment provided in par. (1) the offence consisting in the repeated refusal of a person to allow, according to the law, the access of labor inspectors to any of the premises of the unit or to provide them with the requested documents, according to the law, shall be sanctioned. ... (3) It constitutes a crime and is sanctioned with imprisonment from 1 to 2 years or with criminal fine the act of the person who repeatedly uses persons who carry out salarized activities, without complying with the legal provisions governing conclusion of the individual employment contract. ... (4) Criminal liability, under the conditions of par. (1)-(3), returns, as the case may be, to the director, the executive director, the administrator, the legal representative of the employer-the legal person, respectively to another person empowered by the employer-legal person, the individual employer or the legal representative or other person empowered by the individual employer. ... + Article 11 Sanctions provided for in art. 7, 8 and 10 of this law apply to persons who are guilty of violating the respective provisions. + Article 12 (1) Failure to pay the amounts representing the commission provided in art. 5 5 para. (1) at the deadline set according to art. 5 5 para. (2) is sanctioned according to the legal provisions in terms of collection of tax receivables. ... (2) For the recovery of claims representing the unpaid commission at the deadline set according to art. 5 5 para. (2), as well as interest and late payment penalties due, according to the law, the Labour Inspection, through the territorial labour inspectorates, is empowered to carry out the precautionary measures and to carry out the enforcement procedure, according to the legal provisions in force in the matter of collecting tax claims. ... ((3) Provisions Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished, with subsequent amendments and completions, shall apply accordingly, unless by special law it is ordered otherwise. ... + Chapter III Final provisions + Article 13 The Labor Inspection may use the amounts representing the commission provided in art. 5 under the conditions established by Government decision. + Article 14 In application of this law the Ministry of Labour, Social Solidarity and Family and the Ministry of Public Finance, as specialized bodies of the Government, can issue methodological norms that will be published in the Official Gazette of Romania, Part I. + Article 15 On the date of entry into force of this Law *) is repealed Law no. 83/1995 on certain measures for the protection of persons employed, published in the Official Gazette of Romania, Part I, no. 166 166 of 31 July 1995. ------- Note ... * *) Law no. 130/1999 was published in the Official Gazette of Romania, Part I, no. 355 355 of 27 July 1999. + Article 16 This law shall enter into force 60 days from the date of its publication in the Official Gazette of Romania, Part I. NOTE: We reproduce below the provisions art. II and III of Law no. 403/2005 ,, which are not incorporated into the republished text of the Law no. 130/1999 and which continue to apply as own provisions of the Law no. 403/2005 . "" Art. II. -(1) Commission payers referred to in art. 8 8 * *) of Law no. 130/1999 on certain measures for the protection of persons employed, with subsequent amendments and completions, which register on the date of entry into force of this law outstanding and unpaid obligations representing commission due to the inspectorate territorial labor, have the obligation to submit an inventory declaration that will include the commission due, for fiscal years, together with interest and late payment penalties, amounts established on their own responsibility, according to the accounting records. The statement-inventory is also a notice of payment. -------- Note ... ** **) Art. 8 became, in the republished form of Law no. 130/1999 ,, art. 1. (2) The model of the declaration-inventory shall be approved by order of the Minister of Labour, Social Solidarity and Family, within 30 days from the date of entry into force of this Law. ... The order is published in the Official Gazette of Romania, Part I. (3) The declaration-inventory shall be submitted within 60 days from the date of entry into force of the order on the approval of the model declaration-inventory at the territorial labour inspectorates in whose territorial area the seat is located or, as the case may be, employers ' residence The declaration-inventory becomes a debt instrument at the date of submission to the territorial labour inspectorate. ... (4) The limitation periods of the right to determine the commission due, interest and late payment penalties, subject to the provisions of this Article, shall be interrupted on the date of entry into force of this Law, after this date There is a new limitation period. ... (5) Failure by the employer of the provisions of par. (1)-(4) constitutes contravention and is sanctioned with a fine of 3,000 lei to 6,000 lei. ... Article III (1) The documents provided in art. 9 9 para. ((2) * **) and at art. 10 10 para. ((2) lit. a) * ***) of Law no. 130/1999 , with subsequent amendments and completions, can be submitted by employers to the territorial labor inspectorate and in digital format, in compliance with the legal provisions regarding the electronic signature. ... (2) The procedure for the transmission in digital format of the documents provided in art. 9 9 para. ((2) * **) and in art. 10 10 para. ((2) lit. a) * ***) is approved by the decision of the state inspector general of the Labour Inspection and shall be published in the Official Gazette of Romania, Part I. " ... -------- Note ... *** ***) Art. 9 para. (2) has become, in the republished form of Law no. 130/1999 ,, art. 2 2 para. ((2). Note ... **** ****) Article 10 (1) ((2) lit. a) has become, in the republished form of Law no. 130/1999 ,, art. 3 3 para. ((2) lit. a). ---------
