With the amendments made to the Detachment Law last year, its application norms must also be amended accordingly.
Thus, a draft decision for this purpose recently received the necessary approvals for adoption and also provides a new form of declaration that must be submitted to the Labor Inspectorates by the companies that second on the territory of our country.
The draft of the Government Decision (HG) was initially put up for debate at the Ministry of Labor in February this year, but was approved by the Economic and Social Council (CES) quite late. Once approved, it could enter the meeting soon enough to be adopted by the Government.
It is important to emphasize the fact that the document does nothing but transpose to the level of norms the modifications and novelties brought by Law no. 172/2020 last summer in the Law on detachments.
The declaration regarding the transnational secondment of employees is still submitted by the companies that second in Romania. What brings the new draft HG is the completion of this statement with a series of clarifications regarding the type of secondment:
- if it is a secondment of an employee in Romania, on behalf of the company and under its coordination, within a contract concluded between the entity that makes the secondment and the beneficiary of services operating in Romania – there is an employment relationship, during the secondment, between the employee and the company that makes the secondment;
- if it is about the secondment of an employee to a unit or to an enterprise belonging to the group of enterprises, located in Romania, if there is an employment relationship, during the secondment, between the employee and the enterprise
- if it is about the provision of an employee, by a temporary work agent, at a user company established or that carries out its activity on the Romanian territory – there is an employment relationship between the employee and the temporary work agent during the secondment.
Those who second on the territory of our country must send these declarations to the Territorial Labor Inspectorate in whose territorial area the activity is to be carried out. If until now it was stipulated in the norms that these declarations must be sent “no later than” the beginning of the activity, once they will be modified by this draft of HG, the deadline will be specified concretely: “at the latest one day before the activity ”.
The declarations include the data of the seconding company, the number of seconded persons, their identification data, the anticipated duration of the secondment (with start and end dates), the addresses of the jobs, but also the purpose of the secondment.