Main amendments of the Labor Code valid as of August 1, 2017 providing the requirement of the Attendance Register!

Labor Code updated 2017 (Law no. 53/2003)

„Art. 34 (1) Each employer has the obligation to submit a general registry of employees (2) The general registry of employees will be previously registered with the competent public authority under the law, of the territory on which the domicile, respectively the office of the employer is located, on which date it becomes a social document.
Art.119 The employer has the obligation to keep, at the workplace, the record of the working hours provided daily by each employee, with the starting and ending time of the work schedule, and to submit this record to the labor inspectors, whenever required to do so. ”

CHAPTER IV: Contraventional liability

„Art. 260

e1) accepting a person at work without sending the employment report in the general register of employees, at the latest, on the day before the starting of the activity, with a fine of 20,000 lei for each identified person;

e2) accepting an employee at work if he/she has the individual employment contract suspended, by a fine of 20.000 lei for each identified person;

e3) accepting an employee at work outside the working schedule established within the individual employment contracts for part time, by a fine of 10.000 lei for each identified person; (Letters e1, e2 and e3 introduced by GEO 53/2017) i) failure to comply with the provisions on overtime, by a fine from 1.500 lei to 3.000 lei; (2) Acknowledgment of the contraventions and enforcement of sanctions are done by the labor inspectors. (3) The contraventions provided in para. (1) are applied the provisions of the laws in force. 4) In case of finding one of the facts provided in para. (1) let. e) —e2), the labor inspector orders, as a complementary sanction, the cessation of activity of the work place, subject to the control, according to the cessation procedure elaborated by the Labor Inspection and approved by order of the Minister of Labor and Social Justice, published in the Official Gazette of Romania , Part I, after prior consultation of the national trade union and employer confederations representative on national level. 5) The employer may only resume the activity after the payment of the contraventional fine applied and after demonstrating that it has remedied the deficiencies that led to the cessation of the activity: by concluding the individual employment contract, sending the employment report in the general register of employees or, as the case may be, by terminating the suspension the individual employment contract and the establishment and payment of social contributions and income tax related to the salary incomes owed to the worker during the period in which he/she performed any undeclared activity. (Paragraphs 4 and 5 introduced by GEO 53/2017.”