What are the activities that can be performed for day laborers?
Employment for day laborers is occasional and it doesn’t require any skills. Not every employer can use day laborers, but only those who have areas of activity expressly regulated by law. The full list of activities that may be subject to day laborers employment can be found in Law 52/2011 – updated.
Who can perform work as a day laborer?
If for the normal employment the contract must be concluded in writing at least a day before starting, for day laborers a verbal mutual agreement between the parties is the only important thing to go on with the activity per day.
Day labour can be performed by youngsters and teenagers passed 16 years old. Minors aged between 15 and 16 may perform the activity as day laborer only with the consent of their parents or legal guardians. We mention that young people up to the age of 18 can perform as day laborer only for activities that do not endanger their health or physical and mental development.
How long can you work as a day laborer?
The period one person can perform as a day laborer is between 1 day and not more than 90 days accumulated in a calendar year for the same employer.
The period may extend to a maximum of 180 days aggregated in a calendar year with the same employer, for:
- animal breeding activities in an extensive system by seasonal grazing of animals;
- seasonal activities within botanical gardens subordinated to the accreditation universities;
- vineyards activities;
The duration of a working day as day laborer is 8 hours or by exception can reach maximum of 12 hours.
For minor day laborers, the duration of a working day may not exceed 6 hours and the remuneration must be the equivalent to 8 hours / day.
Minor day laborer should not perform night shifts / work.
How the day laborers are paid?
The day laborers are paid at the end of each day, at the end of the week or at the end of the month if the activity lasts for 30 days, depending on the conditions set at the beginning of the activity. Evidence of payment is the day laborer’s signature in the day laborer’s register, in column 11 “confirmation signature for receipt of money”
The gross / hourly remuneration is negotiated between the parties and may not be less than the value / hour of the minimum gross wage of the country.
Are day laborers insured in the national system?
Due to the fact that employers pay only the income taxes, day laborers are not insured in the health, pensions and unemployment system.
For the day laborer income no social contributions are due either by the day laborer or by the employer. The only tax to be paid is the income tax and that is paid by the employer.
Even though they are not insured in the public insurance systems, the day laborers are found on the payroll of the employer, and in the 112 monthly statement.
What are the obligations of the employer who uses day-laborers?
If it’s allowed by the field of activity, the employer must acquire the day laborer’s Registry from the Territorial Labor Inspectorate in which area he resides. For that he must submit a request at Territorial Labor Inspectorate and pay a tax fee.
The employer has the following obligations:
- To complete the day laborer’s Registry for each worked day, as required, in chronological order with all required information;
- To keep the day laborer’s Registry at the headquarters and make it available to the audits when required;
- To pay the day laborer’s salary, and the income tax;
- To train workers about health and safety at work and to provide them with work equipment if required;
- To receive the self-declarations of the day-laborers with regards to their state of health and that they can carry out the activities proposed by the employer;
- Before 5th of every month to submit copy of day laborer’s Registry for the previous month to Territorial Labor Inspectorate. The copy of the registry can be submitted both physically and online.
For exceptional cases where the day laborers work period is extended up to a maximum of 180 days in a calendar year with the same employer, the employer can fill in the registry weekly if he has agreed with workers upon weekly or monthly payment.
How does a day laborer’s registry look like?
Day laborer’s registry is like a “book”, on which the employer’s data is written, then each tab has the following table head:
- Date ;
- The name and surname of the day laborer;
- Identity card and PIN of the day laborer;
- Day laborer’s signature for taking responsibility that his state of health is not affected by his activity;
- Day laborer’s signature at the beginning of the activity, after training in safety and health at work;
- Main or secondary activity area of the employer, the place of performance of the activity;
- Number of hours worked by day laborer;
- Gross salary;
- Net salary;
- Day laborer’s signature of the money receipt;
- Place for stamp and signature of the beneficiary;
- Parents ‘/ legal guardians’ agreement for the minor workers;
Differences between employees and day laborers:
|Monthly payment||Daily, weekly or monthly payment|
|He/She is insured in the social insurance system||He/She is not insured in the social insurance system|
|The employee owes health, pensions, and tax and the employer owes labor insurer contributions||The employer owes income tax|
|He/She must sign employment contract before starting work||There a verbal mutual agreement, the proof of activity and payment are the signatures in the day laborer’s registry.|
|He/She needs to undergo compulsory occupational medical examination before employment||Writes a self declaration that he is medically fit to perform employer’s activity.|
|He/She is registered in Revisal||He/She is registered in day laborer’s registry|
|If he/she does not show up for work, he/she investigated disciplinary.||He comes to work whenever he wants, not necessarily daily.|
Gabriela is a HR expert with more than 10 years experience