A person who suspects that his employment contract has not been registered can find out on the spot if he has an active contract, following a simple visit to the Territorial Labor Inspectorate, where he fills out a form.
The field of construction is the most affected by “black” work PHOTO: Pixabay
Even if the extent of the phenomenon of “black” work is much reduced compared to what was happening 10-20 years ago, labor inspectors still discover employers who do not conclude contracts with employees or do so only in form, they are not registered. The most exposed field is construction, and people who are employed without a contract usually have poor education and minimal knowledge of the rights they should enjoy.
Employees “in the dark” against their will – because there are also people who, for various reasons, accept payments without a contract, either because they benefit from other benefits that they would thus lose, or because they have debts to banks, etc. – they have suspicions when they are forced to leave, dissatisfied with the remuneration or the working conditions or are no longer accepted to work. Then they report to the Territorial Labor Inspectorate, but there are situations in which the employer cannot be held responsible, as there is no document attesting to the presence at work of the person who complains that he was used without a contract.
“The highest incidence is in the field of construction. And we notice recently that the number of days for which an employer uses it (n. ed. – without a contract) is increasingly reduced, which is a positive thing, but on the other hand this makes our work more difficult identification, because we find out that he worked in a certain unit or area after he leaves and we usually don't find him again,” says the chief inspector of ITM Olt, Cristian Ungureanu.
“The employer is obliged to give a contract at the time it was concluded”
Workers without a contract make notifications, in most cases, upon departure.
“We tell them – but go to work, show up so we can find you there and we can take your statement, directly – and they tell us – “Well, he doesn't accept me anymore””Ungureanu explained how the discussions are going.
Other times, people are given a contract form, but it is not further registered in the Electronic Register of Employees (REVISAL), they are not withheld and their contributions are not paid, etc.
The fact that the employee has a contract form, on the one hand, is proof of the fact that he was in that unit, and on the other hand, based on it, the person reporting the irregularity can take action against the employer, the contract being a document from which certain rights derive and obligations.
“The employer's obligation is to hand over an employment contract at the time it is concluded, when it is signed by both parties. (…) And at home you can study it in detail and see that the date of the start of the activity is on the dates of…. Automatically, the fact that it was not registered in REVISAL is an impediment, but we can correct it, to register it even later, with the penalty of rigor”, explains the head of ITM.
Although fewer, there are also situations in which, even if the employee's contract is not registered in REVISAL (the legislation provides for its registration at the latest before the start of the activity), the employer proves – through payroll, time sheets, payment of contributions – that it was executed.
The answer that you have an active contract, based on CNP
People who want to check if they have an active employment contract receive the answer on the spot, at the ITM headquarters. Based on the completion of a form giving consent to query the database, the labor inspector accesses the database using the applicant's CNP and provides the answer on the spot.
“A lot of people call us and ask if they have a contract or not, but over the phone it's a bit more complicated, because they have to prove that it's them and that no one else is using their CNP. And we call them to come with the bulletin to the counter”, a Ungureanu also specified.
The head of ITM Olt also specifies that employees, in the situation where they want to report various irregularities, must know that the controlled employer will never find out from the ITM inspectors who made the notification.
“They can also make anonymous reports, we also go and check anonymous reports, but we have no one to answer in this situation”, Ungureanu also said.
Most often, employees complain about non-payment of salaries and other rights on time, non-respect of rest time, non-granting of vacation leave. The fewest, only a fifth of the total, are notifications regarding improper working conditions (lack of equipment, etc.).