The present law regulates how day-works could perform occasional activities for various beneficiaries, by means of waiver from the provisions of the Labor Code the relationship between the day -worker and the beneficiary being established without concluding a labor contract.
According to the present law, it can be performed occasional activities in the following fields:
The record of day-workers is made by the beneficiary into a Register of day-workers record, this form having special regime.
This register is drawn up on a daily basis by the beneficiary, except in periods when no services performed by day-workers are contracted.
The beneficiary is required to submit on a monthly basis, not later than the 5th of each month, to the Territorial Labor Inspectorate where its headquarters is located an excerpt of the Register of day-workers record containing the records from the previous month.
The duration of the occasional activity that can be carried out under the provisions of the present law is of minimum 1 day, corresponding to 8 hours of work.
The daily working time of a day-worker can not exceed 12 hours, 6 hours respectively for under-aged workers who have work capacity. Attention, even if the parties agree a smaller number of working hours, the day-workers shall only be paid the equivalent of at least 8 hours of work.
A day-worker can perform activities for the same beneficiary for a period of maximum 90 days accrued during a calendar year.
According to the law, the beneficiary can not employ day-workers for performing an activity for the benefit of a third party.
For work performed, a day-worker is entitled to receive a remuneration whose amount is determined by direct negotiation between the parties. However, the amount of hourly gross remuneration can not be less than 2 lei / hour and no more than 10 lei / hour, the remuneration being granted at the end of each working day. Proof of payment of remuneration is the day-worker’s signature in the Register of day-workers record.
For the remuneration granted to day-workers the beneficiary is required to calculate, withhold, declare and pay income tax of 16% of gross remuneration, term for the declaration and payment of income tax being before and by the 25th of the month following the month when the day-workers have been employed.
The activity performed compliant with the conditions of the present law does not give the day-worker the quality assured individual in the public pension system, unemployment and social security system nor the health insurance system. Thus, for incomes obtained by day-workers no mandatory social contributions shall be due neither by the day-worker, or by the beneficiary.
The present law stipulated a number of contraventions and penalties, as follows:
These fines are subjected to the application of the provisions of Ordinance no. 2 / 2001 on legal regime of contraventions, as amended and supplemented.
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