Aspecte importante privind detașarea salariaților români în cadrul prestării de servicii transnaționale
Important aspects regarding the assignment of Romanian employees within the law on international posting of workers

Summary/Abstract: Starting from 31 January 2022, Ordinance no. 12/2022, amending and supplementing certain road transport regulations, entered into force. It complements the provisions of Law no. 172/2020, which amended and supplemented Law no. 16/2017 on the posting of workers within the framework of the provision of transnational services. Both Ordinance no. 12/2022 and Law no. 172/2020 regulate the conditions to be met by an employer when posting employees from Romania to other Member States of the European Union or to the Swiss Confederation, and vice versa. Ordinance no. 12/2022 transposes Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020, which sets out specific rules concerning Directive 96/71/CE and Directive 2014/67/EU on the posting of drivers in the road transport sector and amending Directive 2006/22/CE with respect to control requirements and Regulation (EU) no. 1024/2012. Both Directive (EU) 2020/1057 and Directive (EU) 2018/957 impose stricter conditions on employers, with the aim of protecting the rights of posted workers and reducing the differences between the remuneration, health protection, safety and working conditions of a posted worker compared to those of a local employee.

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