Heavy fines for violating labor legislation

The new Contravention Code that will take effect on May 31, 2009 provides for heavy fines for infringing labor legislation, Info-Prim Neo reports. The punishment for the violation of the legislation on labor, work security and hygiene and of the labor protection norms will be 800 to 1,000 lei for individuals, 1,000 to 1,500 lei for persons holding responsible positions and 1,600 to 2,400 lei for legal entities. The same offence committed in relation to a minor will be punished with fine of 1,000 to 1,600 lei (individuals), 2,000 to 3,000 lei (persons holding responsible positions) and 2,400 to 3,600 (legal entities). For intentionally delaying the payment of salaries, mandatory state social insurance contributions, compulsory health insurance premiums and other payments for more than 2 months, the individuals will be fined 1,000 to 2,000 lei, the persons holding responsible positions – 2,000 to 4,000 lei, while the legal entities – 4,000 to 6,000 lei. The intentional postponement of the payment of pensions, scholarships and indemnities for over two months will be punished with fine of 1,500 to 2,000 lei (individuals), 2,200 to 4,000 lei (persons holding responsible positions), and 4,400 to 6,000 lei conventional units (legal entities). For engaging minors in works banned by the legislation, the individuals are liable to 600 to 800 lei, while the legal entities – to 2,000 to 3,000 lei, with or without the deprivation of the right to carry out certain activities for a period of three months to one year. The shrinking of representatives of the sides from negotiating the signing, amendment or filling out of the collective work contract or the violation of the negotiations term, the non-insurance of the commission’s work for signing the collective work contract in due time will be punished with fine of 400 to 600 lei. The groundless refusal of the employee to sign a collective work contract will be punished with fine of 800 to 1,000 lei. The fine for hindering the employees from founding trade unions will be 800 to 1,000 lei, while for constraining or hindering them from participating in strike – 800 to 1,000 lei or community service of 30 to 60 hours. The recipients of unemployment benefit and/or allowances for professional integration or reintegration that will not inform in due time the local employment agency about any of the modification of the conditions under which the benefits are granted are liable to fine of 60 to 200 lei. Under the new Contravention Code, the culprit can pay half of the fine if the fine is paid within 72 hours of the moment it is imposed. If the individual did not pay the fine during 30 days, the court can replace the penalty with double fine, community service or arrest. If the legal entity did not willingly and fully pay the fine within 30 days, they will be deprived of the right to carry out certain activities for a period of six months to one year.

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