The normative act that regulates the general register of employees is H.G. no. 905/2007.
Since 15.12.2006, the Labour Inspectorate has made available to employers, free of charge, the Revisal application for the management of the general register of employees in electronic format and for its transmission to the Territorial Labour Inspectorate in whose territorial radius they have their headquarters or domicile.
The Revisal application can simultaneously manage, independently, several electronic registers of several employers, and can be downloaded from the Labour Inspectorate’s website, www.inspectiamuncii.ro.
The general employee register is set up, completed and submitted by the following categories of employers:
- employers, natural or legal persons;
- diplomatic missions and consular offices of other states in Romania, for local employees who have Romanian citizenship or permanent residence in Romania.
In the register, the employer’s data is registered, prior to the beginning of the activity, for the persons who are going to work on the basis of an individual labour contract concluded according to the provisions of Law no. 53/2003 – Labour Code.
The responsibility for the accuracy of the data submitted in the register lies solely with the employer.
Employers may contract the service of completing and transmitting data in the register by concluding service contracts with service providers who carry out their activity in accordance with the legal provisions in force, including the provisions on the protection of personal data.
The completion and transmission of data in the register is carried out by one or more persons nominated by written decision of the employers.
Service providers may not subcontract, in turn, the services of completion and transmission of data in the register entrusted by the employer.
Within 3 working days from the date of the conclusion of the contract for the provision of services, the employer is obliged to notify, in writing, the territorial labour inspectorate, in whose territorial radius they have their headquarters/domicile, about the conclusion of the contract for the provision of services as well as the identification data of the provider.
The contracting of the service of completing and transmitting data in the register does not exempt the employer from the obligations established by law.
Employers or, as the case may be, service providers who complete and submit data to the register are obliged to process the personal data of employees in compliance with the legal provisions on personal data protection.
The Revisal register is completed in the order of hire and includes the following items:
- the identification data of the employer, natural or legal person who employs staff on the basis of an individual employment contract, such as: name, unique identification code – CUI, tax identification code – CIF, registered office and name and surname of the legal representative – for legal persons, respectively: name, surname, personal identification number -CNP, domicile – for natural persons;
- identification data of employees, such as: name, surname, personal identification number – CNP, citizenship and country of origin – European Union – EU, non-EU, European Economic Area – EEA;
- the date of the individual employment contract and the date of the start of employment;
- function/occupation according to the specification of the Romanian Classification of Occupations (COR);
- the type of individual employment contract;
- duration of the individual employment contract, i.e. indefinite/indefinite;
- the duration of the working time and its distribution; – the basic gross monthly salary, allowances, bonuses and other allowances;
- the user’s identification data, in the case of temporary employment contracts;
- the date of the transfer and the identification data of the employer to whom the transfer is made;
- the date of transfer and the identification data of the employer from whom the transfer is made;
- the date on which the secondment begins and the date on which it ends, as well as the identification data of the employer to whom the secondment is made;
- the date on which the transnational secondment starts and the date on which it ends;
- the date on which the secondment begins and the date on which the secondment ends in a country which is not a member of the European Union or the European Economic Area;
- the period, the reasons for suspension and the date on which the suspension of the individual employment contract ends, except in cases of suspension on the basis of medical certificates;
- the date and legal basis for the termination of the individual employment contract.
The completion, respectively the registration in the Revisal online of the above mentioned elements and the submission of the register are done as follows:
1 day before, for modification of:
- Function;
- Type of individual employment contract;
- Duration of the individual employment contract;
- Duration of working time and its distribution;
- Detention;
- Suspension
Within 3 working days from the date of appearance of the change of:
- Employer’s identification data;
- Identification data of the employee;
- Unjustified absences.
In 20 working days for modification:
- Gross monthly basic salary, allowances, bonuses and additional payments.
Within 5 working days:
- From the date of transfer;
- From the date of transfer.
At the latest on the date of termination/on the date of taking cognisance of the event:
- Date and legal basis of termination of the individual employment contract.
Any correction of errors occurring in the completion of the register shall be made on the date on which the employer became aware of them.
Failure to submit the data referred to above shall constitute an offence and shall be punishable by a fine.
Employers are obliged to draw up a personnel file for each of the employees employed under an individual employment contract, to keep it in good condition at the employer’s premises or, where appropriate, at the secondary premises if the competence of employing staff is delegated through the conclusion of individual employment contracts, as well as to submit it to the labour inspectors at their request.
At the written request of the employee or a former employee, employers are obliged to issue him/her an extract from the register, dated and certified for conformity, or a certificate attesting to the activity carried out by him/her, the duration of the activity, the salary, the seniority in work and in the speciality, as resulting from the register and the personal file, within 15 days at the latest from the date of the request.
The data in the register and the personal files of each employee shall be kept in appropriate conditions, ensuring data security and compliance with the legal provisions on personal data protection. Employers are responsible for ensuring these conditions, as well as for any damage caused to the employee or any other natural or legal person by breach of these obligations.
If the employer is unable to issue an extract from the register, the former employee may apply to the territorial labour inspectorate for the issue of an extract from the register.
The territorial labour inspectorate in question shall issue the document, based on the electronic register submitted by the employer, no later than 15 days from the date of the request.
The labour inspectors are responsible for the assessment of offences and the application of sanctions to employers.
The procedure and the documents that employers are obliged to submit to the Territorial Labour Inspectorate for obtaining the password, the procedure for submitting data in the register are provided in the MMFPS order no. 1918 of 25 July 2011.
We will come back with information on how to complete, register and transmit the elements of the work report in the register.