teaha2020

Important aspects of day laborers

Persons who want to use day workers in 2021 should know that in 2020 there have been several important changes in the legislation on day laborers.

For example, from the summer of 2020, employers must use, in order to transmit to the authorities information on day workers, the electronic register of day laborers, which replaced the printed one.

Thus, the replacement of the printed register of day laborers with the electronic register of day laborers, starting with July 25, 2020, is enshrined in Order 1140/2020 of the Ministry of Labor and Social Protection (MMPS), which contains the methodology for completing and transmitting the electronic register.

From July 25, 2020, the exclusive use of the electronic register of day laborers has become mandatory for those who use the work of day workers.

The electronic register of day laborers, which is now mandatory for companies and PFAs that use day workers, can be used both in the mobile version and in the desktop version.

Basically, both the application for phones and tablets (called “Labor Inspection”) and the version for laptops or desktops (accessible on the Labor Inspection website) are now available.

If they do not complete the electronic daily register of day laborers, regardless of the actual period in which the day laborers work for them, those who use the services of such workers risk fines of 6,000 lei.

From November 2020, with the publication of Law no. 242 (for the amendment and completion of art. 1 of Law no. 52/2011 on the exercise of occasional activities carried out by day laborers) local authorities may be, together with companies, authorized individuals or family businesses, beneficiaries of the work of seasonal workers.

Thus, town halls and local councils can hire day laborers to carry out occasional unskilled activities.

Conditions under which the work of day laborers can be used:

According to Law 52/2011, day workers can work in several fields:

  • agriculture, hunting, and ancillary services;
  • forestry, except for logging;
  • fishing and aquaculture;
  • activities for organizing exhibitions, fairs, and congresses;
  • advertising;
  • research and development activities in social sciences and humanities (archaeological excavations);
  • growing planting material – growing ornamental plants, including lawns for transplanting, tree care/cleaning operations, nursery activities, except for those for forest trees;
  • artistic interpretation activities – performances, support activities for artistic interpretation – performances, activities for the management of performance halls and children’s camps organized by the Ministry of Youth and Sports, directly or through its subordinate units;
  • breeding and reproduction of semi-domesticated animals and other animals;
  • catering activities for events;
  • landscape maintenance activities – planting, care, and maintenance of parks and gardens, except for the private living facility;
  • restaurant;
  • bars and other beverage service activities;
  • activities of zoos, botanical gardens, and nature reserves;
  • hotels and other accommodation facilities; similar accommodation facilities; accommodation facilities for holidays and short periods – children’s camps, organized by the Ministry of Youth and Sports, directly or through its subordinate units;
  • accommodation facilities for holidays and short periods – cottages;
  • activities of sports bases and clubs;
  • goods handling activities and cleaning and maintenance activities in the areas listed above.

The same law establishes how much a day laborer can work during a year. In principle, such a worker cannot work more than 120 days a year, but there are also areas exempted from this rule, in which he can work up to 180 days a year.

Regarding the payment, even if the gross hourly remuneration of the day laborers is established by direct negotiation with the employer, according to Law 52/2011, it cannot be lower than the hourly value of the minimum gross salary per country. Considering the increase of the minimum gross salary in the country up to 2,300 lei, it means that, this year, the day laborers’ payment cannot be less than 13.5 lei/hour.

From the gross remuneration, the companies and PFAs must deduct, declare (with fiscal form 112) and pay to the state the income tax (quota: 10%) and the pension contribution (quota: 25%), according to the Law of the day laborers.

Law 52/2011 also establishes that the activity carried out by the day laborer does not confer the quality of insured in the public health system. But, if he wants, the day laborer can optionally insure himself in the public health system.

Extension of the settlement of the indemnity for the reduction of the working time and of the amount representing 35% of the day laborers’ remuneration:

Government Decision (HG) no. 1046/2020 regarding the completion of Government Decision no. 719/2020 for the approval of the settlement procedure and payment of the amounts granted based on the Government Emergency Ordinance no. 132/2020 on support measures for employees and employers in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, as well as to stimulate employment growth was published in the Official Gazette, Part I no. 1199 of December 9, 2020.

The normative act completes the Government Decision no. 719/2020 for the approval of the settlement procedure and payment of the amounts granted based on the Government Emergency Ordinance no. 132/2020 with a new article.

The following news are thus brought:

  • – The indemnity for the reduction of working time according to GEO 132/2020 is settled from the unemployment insurance budget at the request of the employers until June 30, 2021.
  • – The amount representing 35% of the remuneration due to the day laborers settled according to art.(1) of the emergency ordinance 132/2020 to the beneficiaries of works is extended until June 30, 2021.
  • the monthly allowance of 41.5% of the average gross salary granted to professionals, regulated by art.3 para.(1) of the Emergency Ordinance 132/2020, between January 1, 2021, and June 30, 2021, shall apply to those professionals who have benefited from the allowance provided in art.XV para.(1) of the Government Emergency Ordinance no.30/2020 for amending and supplementing some normative acts, as well as for establishing measures in the field of social protection in the context of the epidemiological situation determined by the spread of SARS-CoV-2 coronavirus, approved with amendments and completions by Law no.59 / 2020, with amendments and subsequent completions.