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What you should know about the legislation for temporary work in Romania

Are you planning to hire temporary workers but don't know the law? Temporary work services represent an optimal solution from a financial point of view, but also affordable and risk-free. The Smartemp team knows the temporary labor market and the legislation in force. Discover some useful information that will give you a good start in outsourcing the employment of temporary workers.

Temporary work in Romania compared to other European countries

In 2022, 24 million people worked on a temporary contract in the EU (12% of all employees aged 15-64), according to Eurostat data. Of these, a quarter (6 million, 23%) were aged 15-29 and had no education.

The highest share of temporary workers aged 15 to 29 was recorded in Portugal (40%), followed by Spain (39%) and Italy (38%). On the other hand, the lowest shares were registered in Lithuania and Latvia (both 3%), Romania (4%) and Estonia (5%).

Therefore, in Romania, according to the latest Eurostat data, temporary work contracts are little used, compared to other European Union countries.

Temporary employees

Flexibility at work is a current trend that is increasingly pronounced in our country as well. Temporary work offers employees an optimal combination of flexibility and security.

The opportunities offered by temporary work are especially appreciated by young people. They thus have the opportunity to see how well they fit into a job they want and to face the responsibilities of the job itself.

Companies that conclude contracts through temporary employment agents

Companies that want to attract talent and potential specialists, who think about the possibility of testing them over a longer period of time opt for temporary work services.

In 2024, in the context of an increasing staff turnover, as well as a lack of candidates, companies have the opportunity to cover the deficit and secure their costs using staff leasing services. The potential to increase contracts through temporary work agents is high in the context where, at the level of Europe, temporary work is supported and regulated by conditions that support the rights of employees.

Personnel leasing in Romanian legislation

Personnel leasing is one of the ways for employers to make work more flexible and to have a more effective control of payroll costs. Thus, on the labor market, access to a job is offered to categories considered vulnerable: students, seasonal workers or the unemployed.

Personnel leasing, as temporary agency work is known, involves an employment relationship between an intermediary (the temporary agency) and an employee, the latter being made available to a company (the user).

Temporary work is regulated by the Labor Code (Law 53/2003, with subsequent amendments and updates) in chapter VII, articles 88-102.

In establishing some characteristic elements of this type of employment relations, the provisions are also included:

  • Government Decision 1256/2011 regarding the operating conditions, as well as the authorization procedure of the temporary work agent;
  • Government Decision 557/2007 regarding the completion of measures aimed at promoting the improvement of safety and health at the workplace for employees with fixed-term employment contracts and for temporary employees employed by temporary employment agencies;
  • Law 319/2006 on safety and health at work, amended and supplemented.

At the European level we mention:

  • Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work
  • ILO Convention 181/1997 on private employment agencies;
  • Council Directive 91/383 EEC supplementing measures intended to promote the improvement of safety at work for workers who have a fixed-term employment relationship or a temporary employment relationship.

Do you want to opt for temporary work services? Contact us!

Article published on https://bia.ro/cine-opteaza-pentru-munca-temporara-in-romania/

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