A temporary work agent is the legal entity who personaly has concluded contracts on determined periods of time (temporary work missions ) with other legal entities (users). The temporary work agent closes temporary employement contracts with the employees (named temporary employees ), which the user ask to work for and under his authority.
Any company can be a temporary work agent ?
In order to work as a temporary work agent, the company has to get the operating license as a temporary work agent from Ministry of Labour, Family and Social Services from the district that they are from and in the same time to shall meet the following conditions :
a) to be a legal entity according to the law and to be mentioned in the article of incorporation as primary activity object “Contracting activities , on temporary bases of the staff according to the cod C.A.E.N”
b) to have no debts at the state budgets and the at the local budgets
c) to have no fiscal records with criminal cases of financial regulations, customs formalities and neither with financial discipline
d) to have no contravention in the last 24 months before the authorisation request, for breaking any previsions in Community Labour Law, comercial and taxation;
e) to provide a financial guarantee by depositing the equivalent of 25 gross salaries into a Romanian bank account, guaranteed in payment, to which are added the contributions due by the employer to the state budget.
Documents needed in order to get the authorisation as temporary work agent
In order to get the financial authorization, applicants have to submbit to the territorial agencies of social services a request along with an authorisation file which has to contain the following:
- The article of incorporation or an addition, which has to be mentioned the activity object :”contracting activities , on teorary basis, of the staff accorind to the CAEN code “ – it has to be a legalized copy;
- The registration certificate issued by the trade register, which has to be mentioned the main activity object – it has to be a legalized copy;
- Fiscal record;
- Legal certficates issued by competent institutions whom has to guarantee that there are no debts to the state budget;
- Certifying certificate issued by the trade registry office, which must include mentions stating that the applicants are not in the reorganization or bankruptcy procedure, according to the law;
- proof of the financial guarantee;
- Aplicant’s statement that he / she has not been sanctioned contraventionally in the last 24 months prior to the date of the application for authorization.
The operating licence is issued in 30 days after the documents are filled, only if the files are correctly filled.
Is the operating licence for an undeterminated period of time ?
The operating licence has a 2 full years availability and can be extended after.
In order to extend the valability of the authorization, the temporary work agent has to have the same file as the authorisation’s file at the Ministry of Labour, Family and Social Services with at least 3 months before the expiration date. The procedure is made within 30 days from the submission of the documents, if the file is complete. In case the file is not complete, 7 working days are granted to complete the file.
As long as the authorization is valid, any change regarding name, location, new braches without legal entity has to be reported in 30 days to the local agency.
Where can I see if the company that I am working with has extended their authorization ?
The temporary work agent can be verified after maximum 15 calendaristic days from the authorization day at the national registry of temporary authorized work agents, managed by Ministry of Labour, Family and Social Services.
When can the authorization be withdrawn ?
The authorization can be withdrawn in the following situations:
- The work agent is currently being in insolvency ;
- If he does not respect the terms and conditions of employement through collective work contracts;
The withdrawal is made within 15 working days by Ministry of Labour , Family and Social Services if any of conditions are violated.
If the temporary work agent has the authorization withdrawn , he must submit the authorization within 15 calendaristic days at the territory agency.
For any other further information, do not hesitate to contact us !
Gabriela is a HR expert with more than 10 years experience