Employment of a person WITHOUT A MEDICAL CERTIFICATE, according to the special regulations or other related violations
Requesting pregnancy tests prior hiring is prohibited!
When hiring in the fields of HEALTH, PUBLIC CATERING, EDUCATION, AND OTHERS specific medical tests may also be required.
THE FINE [1,500 - 3,000 LEI]
* Accepting a person to work WITHOUT a prior employment contract
*Accepting a person to work WITHOUT registering the employment contract in Revisal (the General Registry of Employees), at the latest by the day before the start of the activity
*Accepting a person to work during a SUSPENDED employment contract
THE FINE [20,000 LEI] - FOR EACH IDENTIFIED PERSON – NOT MORE THAN 200,000 LEI]
Half of the fine can be paid within 48 hours from the issuance/communication of the official sanctioning report.
*Accepting to work a part-time employee, FOR MORE THAN THE PART-TIME SCHEDULE
THE FINE [10,000 - 15,000 LEI] FOR EACH IDENTIFIED PERSON – NOT MORE THAN 200,000 LEI]
Half of the fine can be paid within 48 hours from the issuance/communication of the official sanctioning report.
* ! In such cases, the territorial labour inspectorate (ITM) orders the suspension of activity after prior consultation with the nationally representative trade unions and employers' associations.
The activity can only be resumed after the fine is paid and deficiencies are remedied.
WORKING WITHOUT an employment contract
THE FINE [500 LEI - 1,000 LEI]
FAILURE TO PROVIDE A COPY of the employment contract to the employee before starting work.
FINE [1,500 - 2,000 LEI]
LACK OF COPIES of all the employment contracts AT THE WORKPLACE, for EACH employee performing activities at that location.
THE FINE [10,000 LEI]
Failure to guarantee the MINIMUM GROSS BASIC SALARY IN THE COUNTRY guaranteed in payment
THE FINE [300 - 2,000 LEI]
Paying a HIGHER NET SALARY than the one stated in the payroll and in the monthly declaration for social contributions, income tax, and nominal records of insured persons, submitted to the tax authorities
THE FINE [8,000 - 10,000 LEI] FOR EACH IDENTIFIED EMPLOYEE – NOT MORE THAN 100,000 LEI]
DELAY IN SALARY PAYMENT FOR MORE THAN A MONTH
It is mandatory for salaries to be paid in cash (also partly in cash) - at least once a month, on the date established in the employment contract/collective labour agreement/internal regulations.
Exception - the employer is subject to an insolvency preventing procedure or insolvency procedure
THE FINE [5,000 - 10,000 LEI] FOR EACH PERSON WHO HAS NOT BEEN PAID
Failure to comply with regulations regarding OVERTIME WORK
THE FINE [1,500 - 3,000 LEI] FOR EACH IDENTIFIED PERSON
Failure to comply with regulations on compensation of LEGAL HOLIDAYS not granted in medical, public catering, and production units where CONTINUITY must be ensured.
As a rule - Employees are entitled to compensatory time off within the next 30 days.
ONLY FOR JUSTIFIED REASONS (NOT IMPOSED BY THE EMPLOYER!), days off cannot be granted, employees are entitled to a minimum 100% wage supplement for work performed during normal working hours.
In other words, those days/hours must be paid double compared to a normal working day/hour.
THE FINE [5,000 - 10,000 LEI]
Failure to pay COMPENSATION when the EMPLOYER TEMPORARILY INTERRUPTS ACTIVITY while maintaining employment contracts
Employees who temporarily do not perform activities are entitled to a compensation of MINIMUM 75% OF THE BASIC SALARY corresponding to their job position
NO COMPENSATION IS OWED, for up to 30 working days, for reducing the weekly work schedule, "for economic, technological, structural, or similar reasons", from 5 to 4 days WITH SALARY REDUCTION, after consultations with the union/employee representatives
THE FINE [1,500 - 5,000 LEI]
CHARGING FEES BY TEMPORARY WORK AGENCIES from temporary employees in exchange for recruitment efforts or for concluding a temporary employment contract
THE FINE [5,000 - 10,000 LEI] - FOR EACH IDENTIFIED PERSON – NOT MORE THAN 100,000 LEI]
EMPLOYMENT CONTRACT CLAUSES contrary to legal provisions, in general
THE FINE [2,000 - 5,000 LEI]
FAILURE TO KEEP, according to law, the GENERAL REGISTER OF EMPLOYEES / FAILURE TO ISSUE A DOCUMENT REQUESTED by the employee regarding their activity
THE FINE [300 - 1,000 LEI]
FAILURE TO KEEP, according to law, the ATTENDANCE REGISTER – records of working hours
THE FINE [1,500 - 3,000 LEI]
Failure to comply with regulations regarding the WEEKLY REST
THE FINE [1,500 - 3,000 LEI]
Violation of regulations regarding the NIGHT WORK
THE FINE [500 - 3,000 LEI]
Failure to comply with regulations regarding LEGAL HOLIDAYS AND RIGHTS of employees from RECOGNIZED RELIGIOUS CULTS
THE FINE [5,000 - 10,000 LEI]
FAILURE TO GRANT CAREGIVER LEAVE
Each employee has the right to request and obtain at least 5 working days per calendar year for caregiver leave – to care for a relative or person with severe medical issues they live with.
THE FINE [4,000 - 8,000 LEI]
Failure to comply with government regulations regarding work schedules for HEALTHCARE UNITS AND PUBLIC CATERING UNITS
THE FINE [5,000 - 20,000 LEI]
PREVENTING OR FORCING, through threats or violence, to participate in or for refraining from participating in a strike or to work during the STRIKE
THE FINE [1,500 - 3,000 LEI]
Failure to comply with legal provisions regarding the REGISTRATION of the RESIGNATION
THE FINE [1,500 - 3,000 LEI]
Failure to comply with regulations regarding NON-DISCRIMINATION, HARASSMENT, OR OTHER PROHIBITED FORMS OF UNEQUAL TREATMENT OR DISMISSAL ON SUCH GROUNDS
For example: DISMISSAL is PROHIBITED when
THE FINE [4,000 - 8,000 LEI]
FAILURE BY THE ADMINISTRATOR / JUDICIAL LIQUIDATOR TO FULFILL THEIR OBLIGATIONS
THE FINE [300 - 1,000 LEI]
