New regulations on the protection of Romanian citizens working abroad
On 2 November 2020, a series of new rules on the protection of Romanian citizens working abroad came into force further to their publication in the Official Gazette no. 1019, Part I. Law no. 227/2020 amends and supplements Law no. 156/2000 on the protection of Romanian citizens working abroad (“Law 227/2020”).
The new rules cover job offers abroad, new obligations of employment agents and other regulations with respect to seasonal workers.
I. Job offers abroad
Law 227/2020 requires that job offers from abroad must now include, amongst others things, the following provisions:
- the contact details of the Romanian embassies/diplomatic missions in the destination state/country;
- the contact details of the local authorities from the receiving state/country to which the Romanian worker may submit a complaint regarding any non-compliance with the contract;
- the accommodation conditions he/she will benefit from during his/her entire stay, accommodation which must ensure an adequate standard of living or, as the case may be, the conditions for renting a house, and for a food allowance;
- the working conditions and climate, measures on health and safety at work, hygiene at work and social security; and
- the conditions offered for the transport of Romanian citizens in the receiving state/country, ie. transport from the place of accommodation to the place of work, as well as the conditions for transport and repatriation of Romanian employees, including in cases of occupational diseases, accidents or death.
In addition, Law 227/2020 also requires job offers from abroad to be provided in writing in both the language of the receiving state/country or a language in international circulation, as well as in Romanian.
II. Seasonal workers
Law 227/2020 introduces a new category of workers to whom the law on the protection of Romanian citizens working abroad is applicable: seasonal workers.
Job offers from abroad for seasonal workers must include, in addition to the elements mentioned above, the following:
- a lease, or equivalent document, regarding the accommodation conditions made available to the seasonal worker by the employer, as well as proof that the employer guarantees the accommodation meets the general health and safety standards;
- a commitment that the employer of the seasonal worker will ensure the provision of the cost of the return round trip return between the domicile of the seasonal worker in Romania and the place of work in the receiving state/country; and
- the conditions for granting a daily allowance for food.
If the accommodation is provided by the employer, and the general health and safety standards in force in the receiving state/country are met, the seasonal worker may be required to pay rent for the accommodation, such amount not to exceed 25% of the worker’s remuneration.
III. The obligations of the employment agent
For states/countries in which individual employment agreements (”IEAs”) are concluded in writing, the employment agent has an obligation to ensure that the IEA is concluded in the language of the state/ country in which the employer is established, or operates, as well as in Romanian. It is mandatory for the employment agent to provide the worker with the IEA, before his departure from Romania.
If an IEA is not signed, the employment agent must provide to the Romanian worker, before his departure from Romania, a document equivalent to an IEA according to the legislation of the receiving state/ country. The document must be drafted both in Romanian and in the language of the state/country in which the employer is established or operates.