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Law No. 403 Of 27 December 2005 For The Modification And Completion Of The Law #. 130/1999 Concerning Certain Protection Measures With Regard To Persons Placed In Employment

Original Language Title:  LEGE nr. 403 din 27 decembrie 2005 pentru modificarea şi completarea Legii nr. 130/1999 privind unele măsuri de protecţie a persoanelor încadrate în muncă

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LEGE no. 403 403 of 27 December 2005 to amend and supplement Law no. 130/1999 on certain measures for the protection of persons employed
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 16 16 of 9 January 2006



The Romanian Parliament adopts this law + Article I Law no. 130/1999 on certain measures for the protection of persons employed, published in the Official Gazette of Romania, Part I, no. 355 of 27 July 1999, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 9, paragraph 2 shall read as follows: " (2) Employers are obliged to submit to territorial labour inspectorates within the radius where they operate, including at work points, if they are in a county other than in the one where the company is based: a) the documents regarding the conclusion, 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. " 2. Article 10 shall read as follows: "" Art. 10. -(1) At the request of employers who have the possibility to keep and complete the employment books of employees, the territorial labor inspectorates may approve that these operations 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. Article 11 shall read as follows: "" Art. 11. -(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 labour inspectorates. " 4. Article 12 shall read as follows: "" Art. 12. -(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. 10, consisting in the verification and certification of the legality of the records made by them. (2) Employers referred to in art. 9 and 10 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) The model of the tax declaration referred to in (2) is approved by order of the Minister of Labour, Social Solidarity and Family, which is published in the Official Gazette of Romania, Part I. ((4) 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. " 5. in Article 13, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) Against the control acts regarding 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. " 6. Article 14 shall read as follows: "" Art. 14. -Failure by the employer of the provisions of art. 8, 9, of art. 10 10 para. ((2) and art. 12 12 para. (2) constitutes a contravention and is sanctioned with a fine of 3,000 lei (RON) to 6,000 lei (RON). " 7. Article 16 shall read as follows: "" Art. 16. -It constitutes a contravention and is sanctioned with a fine from 4,500 lei (RON) to 9,000 lei (RON) the employer's refusal to allow the entry into the premises of the control bodies provided in art. 13 13 or to make the requested documents available to them. " 8. In Article 17, paragraph 2 shall read as follows: " (2) Provisions of art. 14 14 and 16 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 ,, as amended and supplemented. " 9. in Article 17, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (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. " 10. Article 19 shall read as follows: "" Art. 19. -(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. " 11. Article 21 shall read as follows: "" Art. 21. -Sanctions provided for in art. 14, 16 and 19 of this law shall apply to persons who are guilty of violating those provisions. " 12. Article 22 shall read as follows: "" Art. 22. -(1) Failure to pay the amounts representing the commission provided in art. 12 12 para. (1) at the deadline set according to art. 12 12 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. 12 12 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 be applied accordingly, unless by special law it is ordered otherwise. " 13. Article 23 shall read as follows: "" Art. 23. -The Labour Inspection may use the amounts representing the commission provided for in art. 12 under the conditions established by Government decision. " + Article 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. (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 (RON) to 6,000 lei (RON). + Article III (1) The documents provided in art. 9 9 para. ((2) and to 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 decision of the state inspector general of the Labour Inspection and shall be published in the Official Gazette of Romania, Part I. + Article IV Law no. 130/1999 on certain measures for the protection of persons employed, published in the Official Gazette of Romania, Part I, no. 355 of July 27, 1999, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, LUCIAN AUGUSTIN BOLCAS SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 27, 2005. No. 403. ---------