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Amendment of the legal provisions concerning the transnational posting

In the Romanian Official Gazette no. 476/30.06.2015 it was published the GEO no. 28/2015 (“GEO no. 28/2015”) amending and supplementing Law no. 344/2006 concerning the posting of workers in the transnational provision of services (“Law no. 344/2006”).
One of the main changes brought to the Law no. 344/2006 refers to the extension of the applicability scope of this act.

In this regard, Law no. 344/2006 shall also apply to undertakings established in Romania, which, with regard to transnational services, will post on the territory of a Member State of the European Union (“EU”), the European Economic Area (“EEA”) or within Confederation Swiss (“Switzerland”), employees with which they have established work relationships, in the following situations:

– Under a contract between the Romanian employer that makes the posting and the service beneficiary operating in the territory of the aforementioned (EU, EEA or Switzerland);
– To another company belonging to the group of companies of which the Romanian employer is part within the aforementioned territory (EU, EEA or Switzerland);
– To temporary work agencies in Romania that put employees at the undertaking’s disposal, established or operating in the aforementioned territory (EU, EEA or Switzerland).

There have also been introduced in Law no. 344/2006 provisions that define terms like:
– “employee posted in Romania”;
– “employee posted on Romanian territory”;
– “minimum wage”;
– “expenses generated by posting”;
– “specific posting allowance “.

The amendments brought to Law no. GEO No. 344/2006. 28/2015 came into force on June 30, 2015.

:: The Source: JURIDICE.ro

Ana-Maria UDRIȘTE

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