What is a temporary work agent?

The temporary work agent is a legal person registered in the Trade Register, which concludes temporary work contracts with natural persons that it makes available to some users to work temporarily under their supervision and management.

In order to operate legally, the temporary work agent must first obtain the authorization to operate as a temporary work agent,

The Ministry of Labour, Family and Social Protection is the one that issues the operating authorization of temporary work agents, following the fulfillment of the following conditions:

a) to be legal entities established according to the law and to have provided in the Articles of Incorporation, as the main object of activity, “Contracting activities, on a temporary basis, of personnel according to the CAEN code”;

b) not to record debits to the state budget or local budgets;

c) not to appear in the records of the fiscal record with facts sanctioned by financial, customs regulations, nor with those concerning financial discipline;

d) not have been sanctioned contraventionally, in the last 24 months prior to the date of formulating the authorization request, for violating the provisions of labor, commercial and fiscal legislation;

e) to set up at the bank, through a separate account, the financial guarantee in the amount to cover the equivalent of 25 minimum gross basic salaries per country, guaranteed in payment, to which are added the contributions owed by the employer to the state social insurance budget , the unemployment insurance budget and the budget of the single national health social insurance fund.

The operating authorization is valid for 2 years and can be extended every 2 years.

Leave a Comment

Your email address will not be published. Required fields are marked *

The main management structure of the company in Romania is the general meeting of associates / shareholders. The constitutive act establishes the rules for convening and adopting decisions and whether the exercise of the vote can be delegated by special mandate by the associate / shareholder who cannot take part in the meeting. In the limited liability company, each shareholder entitles the holder to one vote in the respective meeting. The general meeting of associates has the following main obligations: ✓ to approve the annual financial statement and to establish the distribution of the net profit. ✓ to appoint the administrators and the censors, to revoke / dismiss them and to discharge them, as well as to decide to contract the financial audit, when it is not obligatory, according to the law; ✓ to decide the pursuit of the administrators and censors for the damages caused to the company, designating also the person in charge to exercise it; ✓ to modify the constitutive act.
Thanks for signing up. You must confirm your email address before we can send you. Please check your email and follow the instructions.
WordPress Popup Plugin
Scroll to Top

The limited liability company is the most common form of company in Romania, being the legal entity that best serves the interests of investors both from the point of view of the reliability of the activity, and from the perspective of its management. The limited liability company is abbreviated "SRL" in Romania and is the equivalent of the American limited liability company Limited Liability Company (abbreviated to LLC) or the German economic structure "Gesellschaft mit beschränkter Haftung" (abbreviated to GmbH), or the structure called "limited" , the structure used in most Latin American states.
The limited liability company is characterized by:
✓ the character intuitu personae, which means that this economic structure is based on the trust between the associates;
✓ the division of the share capital into fractions called shares, which cannot be negotiable securities;
✓ the liability of the associates is limited to their contribution to the share capital.
The limited liability company may also have a single partner, natural or legal person, of Romanian or foreign nationality, who will be the owner of all shares. Instead, the maximum number of associates is 50 people.
At present, the Romanian law no longer conditions the subscription and payment of a certain amount as share capital.
Through registration, the company acquires legal personality, becoming, under the law, a collective subject of law. The conclusion given by the judge is sent, ex officio, to the Official Gazette of Romania for publication at the expense of the company and to the Financial Administration in whose territorial area is the main headquarters of the company for fiscal registration, mentioning the registration number in the Trade Register .

      You have successfully subscribed to the newsletter

      There was an error while trying to send your request. Please try again.

      Legality | Romanian Law Firm will use the information you provide on this form to be in touch with you and to provide updates and marketing.