EU Posted Workers Directive Implemented

Effective immediately, Romania has implemented the 2014 EU Directive on the posting of workers.  Employers sponsoring posted workers for new assignments in Romania must now notify the Regional Labor Inspectorate (RLI) and provide detailed information on the posting. 

New Notification Requirements

Employers based in an EU Member State or in the European Economic Area who post workers for new assignments to Romania must now notify such postings to the RLI at least one business day prior to the start date, whereas previously the notification period was five days prior to the start date.

Employers must provide the following information when sending the notification:

• The details of the recipient institution, including confirmation of the district in which the institution is located;

• The details of the sending company, including its full name, address and fiscal identification number;

• The name of the legal representative of the foreign company in Romania;

• The details of the representative of the company in Romania, who is designated to serve as liaison with the labor authorities;

• The full name, address and fiscal identification number of the company in Romania;

• The period and purpose of the assignment;

• The full name, date of birth, citizenship, Romanian ID number, and job title (in Romania) of the posted worker; and

• For non-EU assignees, a second declaration containing details of the assignee.

The notification must be provided to the authorities in Romanian language.

New Document Retention Requirements

For at least three years after the end of the posting, the Romanian company must keep hard or soft copies of the following documents:

• The original registered notification;

• A document confirming the details of the person who represents the company and liases with the labor inspectorate authorities;

• Information regarding the working schedule and records of daily presence at work; and

• The secondment letter for each posted worker, plus a notarized Romanian translation of the document. The letter must contain the salary (with currency confirmed), details regarding payment, the period of the assignment, the sending and receiving companies, and other general conditions of the secondment. Additionally, it should contain conditions regarding the re-admission of the foreign national, where applicable.

During the three-year period for which the records must be kept, the Romanian company has the obligation to present these documents within 20 days in the case of a labor inspection.

New Requirement to Designate a Representative

Sending employers must also designate a person in Romania to communicate with the labor authorities. This person may be a seconded employee.

What This Means for Employers and Foreign Nationals

Employers and foreign nationals submitting posted worker applications in Romania will need to take these new requirements into account when preparing the applications.

Fragomen can assist with the notification process and ensure notifications fully comply with the new requirements.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].