Aspecte de interes în materie contravențională: primirea la muncă pe teritoriul României a unui străin fără aviz de angajare sau de detașare
Issues of interest in contravention matters: the reception for work in Romania of a foreigner without an employment or secondment permit

Summary/Abstract: In a society in continuous expansion, where the number of Romanian citizens who are working outside the country's borders approaches, according to official data, of 5.7 million, the need to cover the existing deficit on the domestic labour market has become crucial. In the framework of a demand that exceeds supply, the situations where employers turn to foreign and cheap labour in order to hire citizens from outside the European Union are increasing. Beforehand, in order to be able to legally employ a foreign citizen, the employer is required to obtain an employment or posting permit. In its absence, the employer can be fined for the violation provided for in art. 36 paragraph 1 letter a) from the Government Ordinance no. 25/2014 regarding the employment and deployment of foreigners in Romania and for amending and supplementing certain acts concerning the regime of foreigners in Romania, which consists in „accepting at work on the territory of Romania a foreigner without an employment or posting permit (…)", the sanction provided by the legislator for the commission of this violation being that of a fine „(…) from 10,000 lei to 20,000 lei, for each identified person". „What is the date or place of the offense in question?" „Who can ascertain it?" „What is the maximum fine that can be applied to an employer who has hired several foreign nationals?" Through this article we will seek to develop some of the possible answers to these queries, using examples from judicial practice, not before making a brief insight into the contravention law.

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