The present decision comes into force starting with August 1st, 2011.
Under the new provisions are also required to establish and submit the register to the Labour Inspectorate the diplomatic missions and consular offices of other states in Romania, respectively, as the case may be, the cultural institutions and commercial and economic representatives of other states in Romania, for local employed staff who have Romanian citizenship or permanent residence in Romania.
The filling in and the submission of the register are made by one or more persons nominated by written decision by the employer, this decision will be subsequently registered at ITM.
Employers can contract the service for the completion and submission of the general record by signing, in compliance with art. 20 para. (5) of Law no. 677/2001 on the protection of individuals regarding the processing of personal data and free movement of such data, with its subsequent amendments and completions, services provisions contracts with performers registered with the territorial labour inspectorates, which operates under the legal provisions in force. Providers can not subcontract, at their turn, the completion and submission services of the register entrusted by the employer.
In case of contracting the service for the completion and submission of the register, the employer is required to inform in writing the territorial labor Inspectorate on the conclusion of the services provision contract.
Contracting the service for the completions and submission of the registry does not exempt the employer from the obligations set under the present normative act.
Employers/providers that operate effectively in the registry are required to process personal data of employers’ employees with the compliance of the provisions of Law no. 677/2001, with its subsequent amendments and completions.
The procedure and documents that employers are required to submit to the territorial Labor Inspectorate in order to obtain the password is to be determined by Labor, Family and Social Protection Minister’s Order.
Additionally, in REVISAL shall be filled in information with regard to:
• citizenship and country of origin of the employee – EU non-EU European Economic Area – EEA;
• the period of secondment and the name of the employer where secondment is effected; this information is filled in before the secondment starts;
• normal duration of working time and its distribution;
• salary, bonuses and their amount; this information is filled in also for individual labour contracts already registered REVISAL, within 90 days from the effective date of entering into force of the present decision, i.e. no later than October 29th, 2011;
• period and causes of suspension of individual employment contract, except the situation when the suspension based on medical certificates are recorded in the registry within maximum 20 working days from the date of suspension.
Any amendment of the information provided by REVISAL is registered in the registry by the latest on the working day before the expiration of the deadline of 20 days from the amendment date. Exceptions are the situations where changes occur as a result of a court order or as a result of a legislative act when the registration under the registry is made on the day when the employer is presumed, according to the law to have taken note of their contents.
Attention, still the registration of the new employment contracts in REVISAL has to be made by the latest the day before the respective employee starts his/her activity.
At the written request of the employee or a former employee, the employer is required to issue the following:
• copies of existent documents in the personnel file;
• copies of pages from the electronic registry containing entries related to the employee and/or a document certifying the activity carried out by the employee, the duration of work, salary, seniority in service, profession and specialty, as it results from the general record registry and the personnel file, within 15 days of the date of request.
Documents are issued in certified copy by the legal representative of the employer or by the person authorized by the employer for conformity with the original.
To the extent that, for objective reasons, the employer is unable to issue the above-mentioned documents, the employee or the former employee may request from the territorial labor Inspectorate of within whose jurisdiction the employer carries out its activity the issuance of a certificate proving the elements contained in the registry, as it has been prepared and submitted by the employer. The respective territorial labor Inspectorate is required to release the document, based on the electronic registry submitted by the employer, within the latest 15 days of the date of the request.
The following acts committed by employers, individuals or legal entities are considered contraventions:
• failure to submit the registry with the items of the individual employment contract provided by the present decision no later than the working day before the respective he employee starts his/her activity is sanctioned with fine amounting to 10,000 lei per each person accepted to work without the submission of the registry filled in with all the items related to the individual employment contract, on the condition that total cumulative fine to exceed the amount of 50,000 lei
• refusal to provide the labor inspector the registry in electronic format, as well as personnel file of employees is sanctioned with a fine ranging from 5,000 lei to 8,000 lei;
• failure to filling in the items related to the individual employment contract in accordance with the present decision, respectively failure to submit the registry within the deadlines provided by the present decision is sanctioned with a fine ranging from 5,000 lei to 8,000 lei;
• filling in of the registry by other persons than those who were notified to ITM by the decision submitted by the employer is sanctioned with a fine ranging from 3,500 to 5,000 lei;
• filling in of the registry with wrong or incomplete data or alteration or deletion of data from the registry, as well as unauthorized access to computer application of the registry is sanctioned with a fine ranging from 3,500 lei to 5,000 lei;
• failure to comply with the provisions regarding the notification of the territorial labor inspectorates on the services providers is sanctioned with a fine ranging from 2,000 lei to 5,000 lei;
• employer’s refusal to release to the employee copies of documents contained under the personnel file or from the record registry of employees is sanctioned with a fine ranging from 300 lei to 1,000 lei;
• outsourcing by the provider of the competence of filling in the registry is sanctioned with a fine ranging from 3,500 lei to 5,000 lei;
• non-compliance with the provisions regarding the keeping of the registry in electronic form at the employer’s headquarters and, if necessary, at the branch’s, agency’s, representative’s headquarters or other similar units without legal personality, who have been delegated the competence to set-up the registry establishment is sanctioned with a fine ranging from 300 lei to 1,000 lei.
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