The foreign employees sent to work temporarily on the Romanian territory will soon be applied, irrespective of the law ruling the labor relations, the working conditions set out under the Romanian law and/or the collective labor agreement at national and branch level. The legal document provisions are enforced to the enterprises set up in a EU or European Economic Space member state that, on transnational services provision, detaches on the Romanian territory employees with whom it established labor relations.
The law will be enforced in the case of the following measures with transnational character, if a labor relation during detachment exists between the employee and the enterprise making the detachment: detachment of an employee, on the Romanian territory, on behalf of the enterprise and under its coordination, under a contract concluded between the enterprise that makes the detachment and the services beneficiary that operates in Romania; detachment of an employee to a unit situated on the Romanian territory or an enterprise belonging to a group of enterprises located on the Romanian territory; supply of an employee by a temporary labor enterprise or a placement agency to an established enterprise or one that operates on the Romanian territory. The law will not be enforced in case of the sailing personnel of the commercial marine.
The benefits specific to the detachment are considered part of the minimum wage as long as they are not given to the employee to cover the detachment-related expenditure, as well as that related to transport, accommodation, and meals.
The employees detached under the present law who consider that their rights related to labor conditions were infringed can resort to the competent judicial authorities in Romania or in another state, in conformity with the international conventions in force in the field of judicial competence.
The specific procedure for employee detachment is to be established through government decision within 90 days since the law's publication in the Official Gazette of Romania (Monitorul oficial al Romaniei).
The bill belongs to the commitments Romania has made for the harmonization of the national legislation with the EU Acquis and will come into force on Romania's EU accession date.