Legal alert 10 – New Government Decision on the general registry of employees

We have summarized below the main novelties brought by the Government Decision no. 905/14 December 2017 (“GD 905/2017”) with respect to legal framework regulating the general registry of employees (“REVISAL”).

Entering into force

GD 905/2017 replaces the Government Decision no. 500/2011 on the general registry of employees (hereafter “GD 500/2011”).

With certain exceptions, GD 905/2017 enters into force as of the date of its publication into the Official Gazette, respectively on 19 December 2017.

The provisions regulating the sanctions applied for breaching certain provisions of GD 905/2017 enter into force within 10 days as of the date of its publication in the Official Gazette.

General provisions

Among the main novelties brought by GD 905/2017 we mention: (i) amending the structure of REVISAL, (ii) new data that need to be filled in REVISAL, (iii) amending certain terms within which some data need to be transmitted in REVISAL.

Structural amendments of REVISAL

REVISAL is again structured as a sole registry both for the private entities and for the public institutions and authorities, thus abrogating the concepts of public and private registry and adapting the relevant legal provisions accordingly.

New data that need to be filled in REVISAL

As a novelty, GD 905/2017 provides that the following new data need to be filled in REVISAL:

Besides the gross monthly base salary and the bonuses provided by the individual labor agreement, as of the entering into force of GD 905/2017 the following will have to be filled in REVISAL: indemnities as well as other additions, as such are provided by the individual labor agreement and, as the case may be, by the collective labor agreements;

Amending certain terms

Transmitting into REVISAL the data regarding the period, causes of suspension and the date when the suspension of the individual labor agreement ended has to be done on the day prior to the date of suspension / date when the suspension ended, at the latest, except for absence without leave when the registration needs to be made within 3 business days as of the suspension. Prior to the new piece of legislation, transmitting this data had to be made within maximum 20 business days as of the suspension / date when suspension has ended.

Any amendment of the data regarding the gross monthly base salary, indemnities, bonuses or other additions needs to be registered with REVISAL within 20 business days as of the amendment. Prior to the new piece of legislation, the registration of this data had to be made prior to the amendment.

By exception, any amendment of the data regarding the gross monthly base salary and of any addition which occurs as of the date GD 905/2017 enters into force until 31 march 2018 has to be registered by 31 March 2018.

Author:

Nicoleta Gheorghe, Manager – Head of Labor Law Practice