Romania: Fines for certain employment-related misconduct avoided if remedy plan implemented

From 5 February 2018, Romanian Government Decision No. 33/2018 (the “Government Decision”) took effect, decreasing the penalty to a written warning for more than 70 misdemeanours if certain conditions are met. Under the Government Decision, offenders of the specified misdemeanours – including a number of employment related crimes – can avoid fines by implementing a remedy plan.

If upon an inspection, the relevant authority identifies one of the misdemeanours listed in the Government Decision, the inspectors will be required to deem the misdemeanour redressed by the issuance of a written warning accompanied by the offender’s obligation to meet the terms of a remedy plan within up to 90 calendar days.

Within a maximum of 10 days from the expiry of the up to 90-day terms specified in the remedy plan, the authority shall conduct a second inspection, at which time, if the remedy plan has not been accomplished, the offender will receive a fine.

Among the misdemeanours listed in the Government Decision are the following employment law-related misdemeanours:

• Failure by a TUPE transferor, respectively transferee, to notify its employees’ representatives (or its employees) of a TUPE transfer of employees;
• Failure by a TUPE transferor, to notify the transferee, about the rights and obligations that will be transferred under a TUPE transfer of employees;
• Failure by an employer to inform and consult with its employees’ representatives on any significant changes in relation to the employer’s activity or workforce (such as a share deal transaction occurred at employer level); and
• Failure by an entity to obtain the health safety authorisation, prior to commencing its activity.

Offenders who receive a warning in conjunction with a remedy plan but commit a similar misdemeanour within 3 years from the date of the written warning will no longer be able to benefit from the remedy plan exception.

For any further details on the provisions of GD 33/2018, please contact Dr. Marius Petroiu at [email protected].