On April 19, 2019, the Government Emergency Ordinance no. 26/2019 (Ordinance), amending the legislation regarding day laborers and providing additional days off for women undergoing in vitro fertilization, was published in the Official Gazette and entered into force.
The Government adopted the Ordinance and skipped the normal legislature procedure due to the imminent need for day laborers, since hiring them has been a long-time bureaucratic procedure. In addition, considering the country's low birth rate and the small number of women who use in vitro fertilization, if compared with Western European countries, the Government considered that women should be encouraged to use this method. Therefore, employees undergoing in vitro fertilization are entitled to three additional paid days off, subject to a medical letter from the doctor.
The major amendment to legislation regarding day laborers concerns the working area. According to the Ordinance, day laborers now may be contracted in the following fields:
- Agriculture, hunting and other related services – division 01;
- Forestry, except logging – division 02;
- Fishery and aquaculture – division 03;
- Organization of fairs, conferences and exhibitions – group 823;
- Advertising – group 731;
- Entertainment activities:
- artistic performance – shows – class 9001,
- artistic performance support – shows – class 9002,
- management of performance halls – class 9004; - Growth and reproduction of semi domesticated animals – class 0149;
- Catering for events – division 5621;
- Landscape maintenance – planting, grooming and maintaining parks and gardens; private residences and properties are not included – class 8130;
- Restaurants – class 5610;
- Bars and other beverage serving activities – class 5630;
- Zoological and botanical gardens and natural reservations – class 9140.
The main amendments to the day laborers' legislation, other than the working fields, are the following:
- The institutions coordinated by the Minister for Youth and Sport and the public institutions authorized to undertake archeological studies may not hire any more day laborers for any activities;
- As a rule, day laborers may be hired for up to 90 days accumulated within one calendar year and for up to 180 days in case of day laborers working in the agricultural field. This time restriction applies only to work carried out for the same beneficiary.
- On December 20, 2019, an electronic Register for the evidence of the day laborers (Register) will be set up. The methodology regarding submitting data and transferring data to and from the Register must be approved by the Minister of Labor and Social Justice within 60 days from the date of the Register's date of implementation;
- Beneficiaries must transmit the Register to the Territorial Labor Inspectorate, before the day laborers start their activity;
- Beneficiaries must calculate, declare and pay the social security contribution on behalf of the day laborers;
- Day laborers do not benefit from health insurance, but they can opt to pay for optional health insurance. Day laborers are not insured in case of work accidents or for occupational diseases, but in such cases, the beneficiaries must cover all the expenses for the medical services needed.
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