EU posted worker requirements now in effect

IMPACT – MEDIUM

What is the change? Romania has implemented the EU directive on enforcement of posted workers rules, imposing new requirements on companies sending workers to Romania for temporary assignments.

What does the change mean? Effective immediately, employers must notify the Romanian Labour Department before a posted worker begins an assignment in Romania. Employers must identify a person in Romania who can act as a contact for authorities and must also keep certain documents available for inspection in Romania, including employment contracts, secondment contracts, timesheets for the duration of the secondment and proof of salary payment. The documents may be kept electronically or in hard copy.

• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: Posted worker notifications.
• Who is affected: EU/EEA companies sending employees to work in Romania.
• Business impact: The changes add administrative steps and document-retention requirements to the process of sending employees to work in Romania.

Background: Romania adopted the new rules to comply with the EU’s 2014 directive on posted workers.

Under the rules, notifications must be submitted no later than the day before posted workers begin their assignments. Procedures for submitting notifications differ from district to district, but usually they must be submitted in person at the appropriate Labour Department office. Companies must keep the documents listed above for at least three years after the posting. If requested, documents must be produced within 20 business days, and must be translated into Romanian if they are in another language.

BAL Analysis: Affected companies should make sure they follow Romania’s secondment procedures and documentation requirements. Questions about individual cases should be directed to a BAL professional.

This alert has been provided by the BAL Global Practice group and our network provider located in Romania. For additional information, please contact your BAL attorney.

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