Official Monitory no. 818 of 03.11.2015

The Law no. 254 of November 2nd, 2015 for the approval of the Cabinet Emergency Order no. 36/2014 regarding the modification and addition of the Law no. 18/2014 for the modification and addition of the Law no. 52/2011 Regarding the carrying out of activities of occasional nature performed by day laborers, and also for the modification of art. 8, par. (1) of the Law no. 416/2001 regarding the minimum guaranteed income.

Starting with the day of November 3rd, 2015, the unskilled labor of occasional nature is allowed to be rendered in the following domains mentioned by the Classification of activities of the national economy, updated:

a) Farming, hunting and adjacent services – division 01;

b) Forestry, except forest exploitation – division 02;

c) Fishing and aquaculture – division 03;

d) The collection, treating and elimination of the non-dangerous waste – class 3821 and class 3811;

e) Materials retrieving – group 383;

f) Wholesale of the raw farming products and of living animals – group 462;

g) Activities of organizing exhibits, fairs and congresses – group 823;

h) Publicity – group 731

731 Publicity

7311 Activities of publicity agencies

This class includes the providing of a complete array of services of publicity and promotion (through internal resources or subcontracting), including consulting, creation services, production of publicity materials and their buying.

This class includes:

– Creation and implementation of publicity/advertising campaigns;

– Creation and placement of commercials in newspapers, magazines, radio and TV, online or through other media;

– Creation and placement of outdoor commercials, for ex. posters, panels and frames, design of showrooms and applying advertising bumper stickers on cars and buses;

– Aerial advertising;

– Distribution or delivery of publicity materials or samples;

– The creation of stands, structures and public display sites;

– The development of marketing campaigns, and of other publicity services in order to attract and retain clients;

– Products promotions;

– Marketing activities through selling points;

– Direct publicity through mail.

This class excludes:

– Printing of publicity materials, consult 5819

– The production of commercial messages for radio, TV and film, consult 5911

– Market research activities, consult 7320

– Advertising photos, consult 7420

– Organizing conferences and commercial exhibits, consult 8230

– Mail expeditions activities, consult 8219

7312   Services of media representation

This class includes:

– Media representation services, meaning the selling and the reselling of the time and space for various media channels requesting publicity

This class excludes:

– Selling the advertising time or space directly by the owners of the advertising time or space (editors), consult the corresponding class of activity

– Public Relations activities, consult 7021;

1. i) Activities of art interpretation – performances – class 9001, support activities for artistic interpretation – performances – class 9002 and activities of managing the performance venues – class 9004;
2. j) Activities of research-development in biotechnology – class 7211, activities of research-development in other natural sciences and engineering – class 7219;
3. k) Activities of research-development in social and humanistic sciences – class 7220 (archeological digging);
4. l) Activities of landscape maintenance – planting, trimming and maintaining of parks and gardens, excepting the private residential facilities – class 8130;
5. m) Development of seedlings – growing of ornamental plants, including lawn for transplantation, operations of tree trimmings, activities of the seminaries, excepting those for forest trees – class 0130;
6. n) Activities of zoo gardens, botanical gardens and natural reservations – class 9140;
7. o) Growing and breeding of half tamed animals, and of other animals – class 0149;
8. p) Hotels and other accommodation facilities – division 55; accommodation facilities for vacations and short-term stays – class

5520 – children camps (organized by the Ministry of Young People and Sports, directly or through the subordinated units);

1. q) Accommodation facilities for vacations and short-term stay – class 5520 – chalets;
2. r) Activities of sport bases – class 9311;
3. s) Activities of the sports clubs – class 9312;

ş) Catering activities for events – division 5621.

The Law 254/2015 introduces a new contravention: the break of the stipulations of art. 5 par. (2) lett. e), which consists of the lack of the agreement expressed in writing by the day laborer and the beneficiary alike in order to make the payment of the fee at the end of the week or at the finalization of the period of rendering the activity (Appendix 7 at the Law 52/2011) at the latest, is sanctioned with a fine between 1.000 to 5.000 de lei.

We would like to remind me that the activities of materials handling and the activities of cleaning and maintenance are rendered only in the activity domains mentioned in the list above (a-ş).

For additional details we are glad to receive your questions!