The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) launches an urgent appeal to the Romanian Government to issue the implementing rules of Law no. 156/2000, amended by Emergency Ordinance no. 33 of 28 April 2021. This law is essential for the protection of Romanian citizens working abroad.
Romanians working abroad today are vulnerable to exploitation and abuse due to government indolence. Although there is a law that was given precisely to protect them from potential abuse, it cannot be implemented because the Government has not finalised the rules for this law, although the deadline was 28 June 2021. We are already talking about 2 and a half years of delays. Implementing rules are needed to ensure clarity and effectiveness in the implementation of the law. They should include monitoring and control mechanisms for employment agencies, as well as sanctions for violations of the law. It is also important to ensure an open channel of communication between workers and the authorities to report any misconduct or abuse.
What are the risks for Romanian employees?
The Romanian press has written many times about the abuses to which Romanian workers are subjected abroad, with the famous cases of Romanians in Germany who had gone to asparagus harvesting and were subsequently kidnapped and forced to work, even though they had been promised something completely different when they left the country. Law No 156/2000, as amended by Government Emergency Ordinance 33/2021, plays a crucial role in protecting such cases, especially seasonal workers. It is designed to ensure proper working and living conditions, protecting them from exploitation and giving them access to equal rights with workers in the host country.
Without implementing rules, Romanian workers face major risks, including lack of safe and adequate accommodation, not being paid properly for their work and not having adequate health insurance. In addition, they may fall victim to human trafficking or be subjected to inhumane working conditions.
Accommodation, food and transport for seasonal workers
A significant point brought about by the changes to the law is the increased protection of seasonal workers. Under the new rules, the Romanian side (either agents or recruitment agencies) is now responsible for negotiating appropriate accommodation conditions for these workers, ensuring that national standards in the countries where they are placed are respected. This includes providing safe and comfortable accommodation that meets the health and safety standards of the host country. Furthermore, the law provides for seasonal workers to receive a daily food allowance for the duration of their employment, as well as reimbursement of transport costs to and from their home in Romania.
FACIAS points out that this government neglect not only prevents the effective application of the law, but also compromises the safety and rights of Romanian workers abroad. The Romanian government has an obligation to urgently develop and implement the necessary implementing rules to ensure that these rights are respected in practice and not just in theory.