Law No. 130 Of 20 July 1999 On Certain Protection Measures With Regard To Persons Placed In Work

Original Language Title:  LEGE nr. 130 din 20 iulie 1999 privind unele măsuri de protecţie a persoanelor încadrate în munca

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071624/-lege-nr.-130-din-20-iulie-1999-privind-unele-msuri-de-protecie-a-persoanelor-ncadrate-n-munca.html

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Law No. 130 of 20 July 1999 (republished) concerning certain protection measures with regard to persons placed in work published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 190 of 20 March 2007 — — — — — — — — * Note) Republished pursuant to art. II of law No. 450/2006 modifying and completing law No. 130/1999 concerning certain protective measures with regard to persons placed in work, published in the Official Gazette of Romania, part I, no. 1,004 of 18 December 2006, posing a new texts.

Law No. 130/1999 was published in the Official Gazette of Romania, part I, no. 355 of 27 July 1999 and, subsequently, amended by Emergency Ordinance of Government No. 136/1999 modification and completion of the law #. 130/1999 concerning certain protective measures with regard to persons placed in work, published in the Official Gazette of Romania, part I, no. 461 of 23 September 1999, with additions approved by law No. 322/2001, published in the Official Gazette of Romania, part I, no. 342 of 27 June 2001, law No. 577/2003 approving Government Emergency Ordinance nr. 9/2003 amending and completing law No. 19/2000 on the public system of pensions and other social insurance rights, published in the Official Gazette of Romania, part I, no. 1 of 5 January 2004, and by law No. 403/2005 for the modification and completion of the law #. 130/1999 concerning certain protective measures with regard to persons placed in work, published in the Official Gazette of Romania, part I, no. 16 of January 9, 2006.
The limits of administrative fines provided for by law No. 130/1999 have been increased through Government decision No. 238/2002, published in the Official Gazette of Romania, part I, no. 204 of 26 March 2002.


Chapter I measures to protect persons in article 1 individual employment contracts concluded by the following categories of employers will be recorded within 20 days of the date of conclusion of their labor inspectorates: a) individuals;
  

b) companies with private capital;
  

c) cooperative associations;
  

d) family associations;
  

e) associations, foundations, trade unions and employers ' organizations;
  

(f) any other organization) are established and operate according to the Romanian legislation.
  


Article 2 (1) of the employees ' Notebooks enclose the employers referred to in art. 1 shall be kept and shall be supplemented by the territorial labour inspectorates in whose territorial RADIUS is the employer.
  

(2) employers are required to file with the labor inspectorates at which are kept and make notebooks of employees: a) to the execution of laws, suspension, modification and termination of individual contracts of employment within 5 days after the issuance thereof;
  

b) monthly, evidence of calculating the wage rights, until the 25th day of the month following the month for which the payment is made.
  

(3) employers who have set up offices in other counties than in the one where the employer is established may require retention and completion of contracts of employment of employees who provide work under secondary premises to be made by the territorial labour inspectorates in whose territorial RADIUS carries them. In this case, employers are required to record individual employment contracts of employees and to submit the documents referred to in paragraph 1. (2) the Labour Inspectorate in whose territorial RADIUS operates secondary headquarters and to hold the secondary headquarters a copy of these documents.
  


Article 3 (1) at the request of some employers who are able to maintain full employment and employees ' checkbooks, labor inspectorates may approve as such operations are carried out by these employers.
  

(2) referred to in paragraph 1. Employers (1) have the following obligations: a to submit monthly) Inspectorate work evidences of calculation of salary rights, until the 25th day of the month following the month for which the payment is made;
  

b) submit employees ' work licenses from the labor inspectorates, the termination of individual contracts of employment, the entries made.
  

(3) employers who have set up offices in other counties than in the one where the employer is established may require retention and completion of contracts of employment of employees who provide work under secondary premises to be made by them. In this case, employers are required to record individual employment contracts of employees and to submit the documents referred to in paragraph 1. (2) the Labour Inspectorate in whose territorial RADIUS operates secondary headquarters.
  


Article 4 (1) individual employment contracts concluded by the Romanian citizens with diplomatic missions and consular posts with foreign based in Romania, as well as with representatives from Romania of certain companies, associations, foundations or organizations with headquarters abroad shall be registered at the Labour Inspectorate of Bucharest the labor inspectorates where they established diplomatic missions foreign consular offices based in Romania, as well as representatives from Romania of certain companies, associations, foundations or organizations headquartered abroad.
  

(2) Notebooks of Romanian citizens mentioned in paragraph 1. (1) shall be kept and shall be supplemented by the Labour Inspectorate of Bucharest and the labor inspectorates.
  


Article 5 (1) for services provided for in this law, the labor inspectorates will be charged a fixed fee as follows: 0.75% of the Fund) monthly salaries, employers whom retain and fills notebooks;
  

b) 0.25% of the monthly salary, the employers to whom the services referred to in article 1. 3, consisting in verifying and certifying the legality of the records made by them.
  

(2) employers referred to in art. 2 and 3 are required to calculate the fee and deposit the monthly Labour Inspectorate a tax statement on the establishment of the Commission. Payment of fee and submission of the Declaration shall be carried out no later than the 25th day of the month following the month for which it is payable.
  

(3) have the obligation to calculate the fee and deposit the monthly Labour Inspectorate a tax statement on the establishment of the Commission and the offices of the employers ' side, where preservation and completion of contracts of employment of employees, namely the verification and certification of entries made in the logbooks of the work, shall be made by the territorial Inspectorate of employment other than that in which the employer is established.
  

(4) the tax declaration Model specified in paragraph 2. (2) as well as the instructions for the submission and completion of it are approved by order of the Minister of labour, social solidarity and family, to be published in the Official Gazette of Romania, part I.
  

(5) the amounts of the fee referred to in paragraph 1. (1) constitute income of labour inspection, shall be kept at the State Treasury and shall bear interest.
  


Article 6 (1) the Labour Inspectorate and the labor inspectorates exercise control over how the provisions of this law are applied.
  

(2) employers are required to allow inspection and make available organs empowered all documents and records requested.
  

(3) Against control documents the calculation of fee payable and penalties relating thereto, drawn up according to the provisions of this Act, the notice of opposition may be, which shall decide by the issuing body.
  

(4) by way of derogation from the provisions of art. 3 paragraphs 1 and 2. (2) of law No. 252/2003 concerning the unique control register, if the checks aimed at detecting undocumented labor, single control register is filled in after them.
  


Chapter II legal liability Article 7 failure by the employer. 1, 2, of article 23. 3 paragraphs 1 and 2. (2) and of article 23. 5 para. (2) constitutes contravention and shall be sanctioned by a fine from 3,000 to 6,000 lei lei.


Article 8 Constitutes contravention and shall be sanctioned with a fine of 4,500 lei at 9,000 MDL employer's refusal to allow entry into the premises of the establishment of the control bodies referred to in article 1. 6 times to make available their required documents.


Article 9 (1) Finding and sanctioning of offences covered by this law are carried out by labour inspectors.
  

(2) the provisions of this law relating to the offences, supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
  

(3) the Offender may pay on the spot or within a maximum period of 48 hours from the date of conclusion of the communication times report one-half of the minimum fine provided for by law, the corresponding deed for which he was sanctioned, the agent discovered making mention of this possibility in the minutes.
  


Article 10 (1) constitutes infringement and is punishable by imprisonment from 6 months to 1 year or a fine person with criminal deed that repeatedly establishes for employees employed on the basis of the individual labour contract wages below the minimum wage per country guaranteed payment as provided for by law.
  


(2) the penalties provided for in paragraph 1. (1) there shall be imposed, and the offence consisting of the repeated refusal of a person to allow, according to the law, access to labour inspectors in any of the spaces of the unit or to make available to them the documents required by the law.
  

(3) constitute the offense and is sanctioned with imprisonment from 1 to 2 years, or with fine criminal deed the person who repeatedly uses the people performing payroll, without complying with the legal provisions regulating the termination of the individual contract of employment.
  

(4) criminal liability, under para. (1) to (3), as appropriate, shall be the responsibility of the Director, Executive Director, administrator, legal representative of the legal person, the employer concerned another person authorized by the employer, the employer is a legal person or natural person-legal representative or another person authorized by the employer-individual.
  


Article 11 penalties provided for in article 10. 7, 8 and 10 of this Act apply to persons who are guilty of the violation in question.


Article 12 (1) failure to pay the amounts representing the fee referred to in article 1. 5 para. (1) the time limit laid down under art. 5 para. (2) shall be imposed according to law provisions in respect of the tax debt collection.
  

(2) for the recovery of claims representing outstanding fee within the time limit established under art. 5 para. (2) as well as interest and penalties on late payments due, according to the law, the Labour Inspectorate, by labor inspectorates, is empowered to carry out precautionary measures and to carry out the procedure of execution, according to the legal provisions in force concerning the collection of tax debts.
  

(3) the provisions of Ordinance No. 92/2003 regarding the fiscal procedure code, republished, with subsequent amendments and additions shall apply accordingly, except in the special law provided otherwise.
  


Chapter III final provisions Article 13 labour inspectorate may use the amounts of the fee referred to in article 1. 5 under the conditions established by decision of the Government.


Article 14 pursuant to this law the Ministry of labour, social solidarity and family and the Ministry of public finance, as organs of Government, can issue guidelines that will be published in the Official Gazette of Romania, part I.


Article 15 entry into force of this law shall be repealed) Law No. 83/1995 concerning certain protective measures with regard to persons placed in work, published in the Official Gazette of Romania, part I, no. 166 of 31 July 1995.
— — — — — — — * Note) Law No. 130/1999 was published in the Official Gazette of Romania, part I, no. 355 of 27 July 1999.


Article 16 this Act shall enter into force 60 days after its publication in the Official Gazette of Romania, part i. Note: we reproduce below the provisions of art. And III of law No. 403/2005, which are not incorporated in the text of the consolidated law No. 130/1999 and applicable in that provision of the law. 403/2005.
"Art. II. — (1) the taxpayer a fee referred to in article. 8 *) of law No. 130/1999 concerning certain protective measures with regard to persons placed in employment, with subsequent amendments and additions, which records the date of entry into force of the present law obligations outstanding fee due and unpaid representing territorial labour inspectorate, are obliged to submit an inventory statement that will comprise the Commission due on fiscal years, together with interest and penalties on late payments, the amount determined on their own responsibility in accordance with bookkeeping. Inventory statement constitute and payment reminder.
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Notă


**) Art. 8 has become, in the form of law No. republished 130/1999, art. 1. (2) Model inventory declaration is approved by order of the Minister of labour, social solidarity and family, within 30 days after the date of entry into force of this law.
  

The order shall be published in the Official Gazette of Romania, part I.

(3) the Declaration shall be lodged in the inventory within 60 days from the date of entry into force of the order approving the Declaration-model inventory labor inspectorates in whose territorial RADIUS the head office or, where appropriate, place of residence of their employers. Inventory statement becomes the debt-claim from the date the Labour Inspectorate.
  

(4) the periods of limitation of the right to determine the fee payable, interest and penalties on late payments are covered, subject to the provisions of this article shall interrupt the entry into force of the present law, after this time to run a new limitation period.
  

(5) the failure by the employer under the provisions of paragraph 1. (1) to (4) are subject to and shall be sanctioned by a fine from 3,000 to 6,000 lei lei.
  

Article III (1) documents referred to in article 1. 9 para. (2) *) and art. 10 para. (2) (a). a) *) of law No. 130/1999, with subsequent amendments and additions may be made by employers to the Labour Inspectorate and in digital format, with due regard for the legal provisions relating to electronic signature.
  

(2) the procedure for the transmission of documents in digital format. 9 para. (2) *) and art. 10 para. (2) (a). a) *) are approved by the decision of the inspector-general of the State of the Labour Inspectorate and shall be published in the Official Gazette of Romania, part I. "
  

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Notă


***) Art. 9 para. (2) has become, in the form of law No. republished 130/1999, art. 2 (2). 2. Note *) Art. 10 para. (2) (a). a) became, in the form of law No. republished 130/1999, art. 3 paragraphs 1 and 2. (2) (a). a).

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