Legal requirements for employment of personnel involved in harvesting activities including requirement for contracts and working permits, requirements for obligatory insurances, requirements for competence certificates and other training requirements, and payment of social and income taxes withhold by employer. Furthermore, the points cover observance of minimum working age and minimum age for personnel involved in hazardous work, legislation against forced and compulsory labour, and discrimination and freedom of association. Risk relates to situations/areas where systematic or large scale noncompliance with labour and/or employment laws. The objective is to identify where serious violations of the legal rights of workers take place, such as forced, underage or illegal labour.

Law no. 53/2003 Labour Code:

http://legislatie.just.ro/Public/DetaliiDocumentAfis/179907

Emergency ordinance no. 59/2000 on the status of forestry employees:

http://legislatie.just.ro/Public/DetaliiDocument/22526

Law no. 52/2011 on activities carried out by occasional day labourers:

http://legislatie.just.ro/Public/DetaliiDocument/127831

Labour Inspectorate – Ministry of Labour, Family, and Social Protection

Labour contract
Employment contract

Overview of Legal Requirements

  • Persons involved in harvesting activities shall hold required certificates of competence for the function they carry out.
  • At least the legally established minimum salaries shall be paid for personnel involved in harvesting activities.
  • Salaries shall be paid officially and declared by the employer according to requirements for personnel involved in harvesting activities.
  • Minimum age shall be observed for all personnel involved in harvesting activities.
  • Staff shall be employed under an employment contract or registered in the daily workers register.

Description of risk

Notwithstanding the presence of a robust normative framework that, in theory, should safeguard workers, casual labour is a common phenomenon in Romania. As a result of various factors, including a short harvesting period, small harvesting areas, employees’ dissatisfaction, taxes and fees, the length of employment is very short in the forestry sector. To avoid complications, many employees prefer not to contract workers with employment contract.

Risk conclusion

This indicator has been evaluated as specified risk. Identified laws are not upheld consistently by all entities and/or are often ignored, and/or are not enforced by relevant authorities.

Generic

  • All workers shall be employed according to the regulations and required contracts shall be in place.
  • Persons involved in harvesting activities shall be covered by obligatory insurances.
  • Persons involved in harvesting activities shall hold required certificates of competence for the function/s they carry out.
  • At least the legally established minimum salaries shall be paid for personnel involved in harvesting activities.
  • Salaries shall be paid officially and declared by the employer according to requirements for personnel involved in harvesting activities.
  • Minimum age shall be observed for all personnel involved in harvesting activities.
  • Minimum age shall be observed for all personnel involved in hazardous work.
  • Stakeholders shall confirm that forced or compulsory labour is not involved in harvesting activities.

Country Specific

  • Ensure the existence of employment contracts.
  • Interview staff in order to confirm that working conditions meet legal requirements.
  • Interview Public Authorities in charge of monitoring working conditions to ensure that those conditions meet applicable legal requirements.
  • Interview representatives from relevant Labour Unions to confirm that working conditions meet applicable legal requirements and that there are no substantial conflicts.