Labor force and employment regulations
1.
Labor availability
The economically active
population of Romania is 51.1% (11.4 million) of the total. The number of employed in 2001
has been about 10.7 million. The unemployment rate in December 2001 has been 8.6% in
relation to the total civil active population, which represents a decrease of 1.9%,
compared to 2000.
Employment by activities in
Romania, 2001 in 000
Agriculture, hunting,
forestry and fishing |
4,527 |
Mining and quarrying |
150 |
Manufacturing |
2,025 |
Electricity, gas and
water supply |
199 |
Construction |
430 |
Trade and repair |
952 |
Hotels and restaurants |
131 |
Transport, storage and
communication |
519 |
Financial activities |
76 |
Real estate renting and
business activities |
124 |
Other activities |
1,564 |
Total |
10,697 |
Source:
Ministry of Labour and Social Solidarity
Number of unemployed
Year |
000 |
1999 |
790 |
2000 |
821 |
2001 |
750 |
Source:
Ministry of Labour and Social Solidarity
2. Employment of foreign nationals
The legal framework establishing the
regime of foreign nationals in Romania consists of the following regulations:
According to Government Decision No. 4/2001
(amended by the Government Decision No. 1317/ 27 December 2001) the Office for Foreign
Investors has been reorganised in the Directorate for Co-ordination of EUs
Non-reimbursable Financial Assistance. As a result, new prerogatives have been assigned in
the field of non-reimbursable financial assistance granted by the European Union in the
social policy and employment field, but maintaining the attributions for providing free
information, counselling and documentation services to foreign and national investors in
the labour and social solidarity field.
According to Law No. 123/2001, foreign
citizens may carry out economic, social, cultural, sport and commercial activities, on
their own or in association, and they may be employed by Romanian or foreign legal
entities or individuals, in compliance with the labour market agreements concluded between
Romania and other states. Foreigners can be employed on the basis of work permits issued
by the Ministry of Labour and Social Solidarity.
According to Law No. 203/1999, work
permits may be issued to foreign citizens who comply with the conditions provided by the
Romanian Law on Employment and who have an employment visa. The work permits are issued
for a six-month period with the possibility for other six-month extension upon the request
of the person concerned. On the basis of conventions or agreements concluded by Romania,
the work permit may also be issued, respectively extended, for periods longer than six
months. The work permits may also be issued in other situations and conditions, agreed
upon by international conventions and agreements to which Romania is a party or under
special laws.
3.. Taxation
3.1. Taxation of
individuals
3.1.1. Taxpayers,
salary tax
According to the
relevant Romanian legislation on individual income tax, income is considered from Romania
if the source of income is situated in Romania or if the place where the individual
obtains his/her income is situated in Romania, irrespective of whether this income is paid
from Romania or from abroad. Income tax is levied on the gross salary as well as on other
salary-related rights such as bonuses, premiums, in-kind benefits. It is normally withheld
and paid by the Romanian employer at the same time as monthly salaries.
Global income tax
is applicable for Romanians domiciled in Romania. Foreign individuals are considered as
taxpayers if they are physically present in Romania for a period exceeding 183 days in any
12-month period starting or ending in the respective year or if they derived income from a
fixed base of business on the Romanian territory. If an individual is a resident of a
country with which Romania has concluded a DTA, the DTA prevails over the national law in
respect of the tax status of the individual. Individuals may be exempt from salary
taxation under international conventions for the avoidance of double taxation signed
between Romania and their country of residence.
The global
individual income tax rate is 40%, for salaries in excess of around ROL 10.2 mil per month
(that is, approximately USD 260). The tax is normally withheld and paid monthly by the
Romanian employer when making the final payment of salary. Salaries are paid periodically
and the regularization is made at the year-end.
Foreign citizens
working on foreign employment agreements are required to calculate and pay income tax and
register monthly income tax declarations with the Romanian Tax Authorities either
personally or by means of a fiscal representative. The local company which is the
"beneficiary of the services" provided by foreign citizens has the obligation to
inform the authorities about the starting and ending date of their assignment in Romania,
by filing a standard notification letter.
3.1.2. Social
contributions
Based on very
recent clarifications on the social security contributions, employers have to pay various
social contributions calculated on the gross salary, varying between 41- 48% (depending on
the work categories for the employees). These are:
·
Social security
contribution - between 23.33-30% of the gross salary; however, there is a ceiling and the
amount should never exceed an average of USD 125 per employee at present (see below);
·
Health fund
contribution - 7%;
·
Unemployment fund
contribution - 5%;
·
Solidarity fund
contribution - 3%;
·
Education fund
contribution - 2%;
·
Chamber of Labour
commission - 0.75%.
The employees pay
contributions of 19.67%, which are deductible for global income tax purposes. These are:
·
Social security
contribution - of 11.67% on the gross salary; at present, this should never exceed about
USD 48 for each employee;
·
Health fund
contribution - 7%;
·
Unemployment fund
contribution - 1%.
The computation
base for the social security contribution cannot exceed three times the monthly gross
average national salary (at this stage such an average salary is approximately USD 140, at
current rates).
Foreign citizens
working in Romania on a work permit and a labour contract registered with the Labour
Office are required to pay the Romanian social contributions (except 1% unemployment
contribution).
A foreign citizen
who is not employed or paid by an employer having a permanent establishment in Romania has
no obligation to pay social security contributions and does not need to provide proof of
payment of social security in another territory. As of November 2000, any foreign
individual performing services in Romania, as well as Romanians not domiciled in Romania
have the obligation to obtain a fiscal number from the Ministry of Finance.