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Monday, 19 December 2016 07:12

Amendments made to the General Registry of Employees

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The decision amending the Government Decision no. 500/2011 on the general registry of employees (“GD 500/2011”) was published in the Official Gazette no. 963/28.11.2016. Significant changes have been made with regard to the rules governing the filling in of the employees’ general registry.

The main changes made to GD 500/2011 cover the following issues:

1. The establishment of the General Registry of Personnel paid from public funds ("Public Registry") alongside the General Registry of Employees in the private sector ("Private Registry"). Both the personnel performing work under an individual employment agreement, as well as per an administrative act or a different act, concluded with the observance of the relevant law, shall be registered in the Public Registry, drawn up in electronic format.

2. The obligation to record new elements in the Private Registry: 

a) The start and end date of posting;
b) The start and end date of transnational posting, as defined under Law 344/2006 pertaining to the posting of workers in the transnational provision of services, the State where the transnational posting shall be carried out, the name of the beneficiary/user in whose favor the employee shall perform work and the nature of the activity to be carried out;
c) The start and end date of the posting in a State which is not a member of the European Union or the European Economic Area, the State where the posting is made, the name of the beneficiary/user in whose favor the employee shall perform work and the nature of the activity to be carried out;
d) Data regarding study documents belonging to the person in question, as well as data on their profile/specialization/qualification according to their proficiency documents/certificates;
e) Identification data of the user, in case of temporary employment agreements;

3. Regulation of the distinction between postings regulated by the Labour Code, respectively by Law no. 344/2006 pertaining to the posting of workers in the transnational provision of services. Following the amendments made to GD 500/2011, employers and public institutions/authorities shall distinctly record the state of posting, unlike the previous version of the General Registry of Employees, which did not allow one to do this.

4. Any employer has the right to request and obtain from the Labour Inspectorate data from the private/public register in relation to the activity of an employee/civil servant, exclusively about their education, seniority in the profession and specialty, and create a computer system which will allow the transmission of the Private/Public Registry by employers, to be administered by the Labour Inspectorate.

5. The requirement for employers to issue a certificate to the employee upon termination of the individual employment agreement stating activity, duration of activity, salary, seniority, and specialization/area of expertise.

Consequences arising from the amendments made to GD 500/2011

The amendments made to GD 500/2011 solve a series of problems mainly triggered by the confusion arising in practice between the posting governed under the Labor Code and the transnational posting regulated under Law no. 344/2006, with reference to the posting of workers in the transnational provision of services.

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