Who has the obligation to establish the general register of employees: - info updated 2016
The EMERGENCY ORDINANCE 20/2016 – amending and completing the Government Emergency Ordinance no. 57/2015 regarding the salaries of the personnel paid from public funds in 2016, the extension of some deadlines, as well as some fiscal-budgetary measures and amending and completing certain normative acts, as PUBLISHED IN THE OFFICIAL GAZETTE OF ROMANA NO. 434 of June 9, 2016, has brought a number of changes regarding the aspect of the general register of employees, which we shall further present in detail
ART. V
After Article 7 of Framework Law no. 284/2010 regarding the unitary salaries for the staff paid from public funds, published in the Official Gazette of Romania, Part I, no. 877 of December 28, 2010, with subsequent amendments and completions, a new article, namely article 7^1 is introduced, with the following content:
Art. 7.1. – (1) Each institution and public authority has the obligation to establish the general register of employees provided by Art. 34 of Law no. 53/2003 – Labour Code, as republished, with subsequent amendments and completions, for the personnel paid from public funds according to the provisions of this law, while complying with the provisions on personal data protection as well as, where appropriate, of provisions on the protection of classified information.
Art. 34.
(1) Each employer shall establish a general record of employees.
(2) The general register of employees shall be registered in advance before the competent public authority, according to the law, in which territorial jurisdiction is located the residence, respectively the head office of the employer, date on which it shall become an official document.
(3) The general register of employees shall be completed and submitted to the territorial labour inspectorate in order of employment and it shall contain the identification elements of all employees, the date of employment, the position / occupation according to the Classification of occupations in Romania or other normative acts, type of the individual employment agreement, the salary, bonuses and the amount thereof, the period and the causes for the suspension of the individual employment agreement, the period of relocation and the termination date of the individual employment agreement.
(4) The general register of employees shall be kept at the residence, respectively the head office of the employer, and it shall be made available to the labour inspector or to any other authority requesting it, pursuant to the law.
(5) Upon the request of the employee or a former employee, the employer shall issue a document attesting the activity carried out, the duration of the activity, the salary, the seniority regarding work, profession and specialty.
(6) In case of cessation of the employer’s activity, the general register of employees shall be submitted to the competent public authority, according to the law, in which territorial jurisdiction is located the employer’s head office or residence, as appropriate.
(7) The methodology for drawing up the general register of employees, the entries made, as well as any other items related to drawing up thereof shall be established based on Government decision. ( Comment : Decision no. 500/2011 on general register of employees )
(2) The general register of the personnel paid from public funds shall be registered in advance with the territorial labour inspectorate in which territorial jurisdiction is located the head office of the institution / public authority, date on which it shall become an enforceable document.
(3) The general register of the personnel paid from public funds shall be completed and shall be transmitted to the territorial labour inspectorate in the order of employment / appointment and it shall contain the identification elements of all persons paid from public funds, the date of employment / appointment, the position, the salary, the bonuses and the amount thereof, the period and causes for the suspension of the employment or service relation, the period of relocation and the termination date of the position.
(4) The general register of the personnel paid from public funds shall be kept at the head office of the institution/public authority, and it shall be made available to the labour inspector or to any other authority requesting it, pursuant to the law.
(5) Upon the request of the person paid from public funds, the institution / public authority shall issue a document attesting the activity carried out, the duration of the activity, the salary, the seniority regarding work, profession and specialty.
(6) In case of cessation of the activity of the institution / public authority, the general register of the personnel paid from public funds shall be submitted to the competent public authority, according to the law, in which territorial jurisdiction was located the head office of the institution / public authority.
(7) The methodology for drawing up the general register of the personnel paid from public funds, the entries made, as well as any other items related to drawing up thereof shall be established based on Government decision provided in art. 34 par.(7) of Law no. 53/2003, as republished with subsequent amendments and completions. ( Comment : Decision no. 500/2011 on the general register of employees)
(8) The application of the provisions of par. (2)-(4) on the personnel within the system of defence, public order and national security shall be established by Government decision”.
ART. VI
On August 1st, 2016, Law no. 63/2011 on the employment and wages in 2011 for teachers and support staff, as published in the Official Gazette of Romania, Part I, no. 323 of May 10th, 2011, with subsequent amendments, is repealed.