Temporary work is a legal form of employment whereby a temporary employee is placed at the disposal of the user to work temporarily, under the supervision and direction of the user, for the performance of a specific temporary task.
In order for a legal person to act as a temporary employment agent, it must be authorised to do so.
In order to obtain a temporary employment authorisation, the company must fulfil the following conditions:
1. The main object of activity of the company’s constituent act must be CAEN code 7820 – “Temporary staff recruitment activities”;
2. Not to have outstanding debts to the state or local budgets;
3. Not to appear in the tax records with acts sanctioned by the financial, customs or financial discipline regulations;
4. Has not been sanctioned for contraventions of labour, commercial and fiscal legislation in the last 24 months prior to the date of the application for authorisation; contraventions in respect of which there is an action pending before the courts will be taken into account only if a final and irrevocable court decision has been rendered by the date of the application for authorisation;
5. To constitute a guarantee by depositing an amount in a separate account opened at a bank in Romania, covering the equivalent of 25 gross minimum basic salaries per country, guaranteed in payment, plus the contributions due by the employer, according to the law.
The documents to be submitted to the authorities are the following:
– Application for a temporary work permit;
– The memorandum of association or the addendum to the memorandum of association, in which the object of activity “Temporary employment activities of staff under CAEN code 7820” is mentioned, in certified copy;
– Certificate of registration with the trade register, stating the main object of activity, “Temporary staff recruitment activities under CAEN code 7820”, in certified copy;
– Tax registration certificate, in original or certified copy, valid at the date of submission of the application;
– Tax certificate, in original or certified copy, issued by the competent institution, valid at the date of submission of the application, showing the situation of payment obligations to the state budget and the state social security budget;
– Tax certificate for local taxes and other local budget revenues, in original or certified copy, valid at the date of submission of the application;
– The certificate issued by the Trade Register Office, in original or certified copy, valid at the date of submission of the file, which must include information that the legal entity is not in reorganization or bankruptcy proceedings, according to the law;
– The address confirming the establishment of the financial guarantee, issued by the bank in Romania where the account was opened, proving the establishment of the financial guarantee;
– Declaration on own responsibility, under the penalty of Article 292 of the Criminal Code, of the legal representative of the legal entity, from which it results that:
– the company has not been sanctioned in the last 24 months prior to the date of the application for authorization for violation of labor, commercial and tax laws;
– there is/is not an action pending before the courts to contest the infringement for which a final and irrevocable court decision has not been pronounced.
The file for obtaining the temporary work permit is submitted to the Territorial Agency for Social Benefits in whose territorial area the company has its headquarters.
The authorization is issued within 30 days, and if the documentation in the file is not complete, the applicant has 7 working days to complete the documentation, the deadline being extended accordingly.
The Temporary Work Agent Authorization is valid for 2 years, with the possibility of extension every 2 years.
For its extension, the same documentation must be submitted as for the authorisation (except for the memorandum and articles of association and the certificate of registration with the trade register), at least 3 months before the authorisation expires.
If the company ceases its activity as a temporary employment agent, it is obliged to submit the temporary employment agent’s authorisation to the authorities within 15 days of the cessation of activity.