THE REGIME OF CONTRAVENTION SANCTIONS IN THE FIELD OF LABOUR RELATIONS ACCORDING TO THE PREVENTION LAW no. 270/2017

Dan Țop, Lavinia Savu

Abstract


Known in the project stage as the "Prevention Law", the Prevention Law no. 270/2017 entered into force on January 17, 2018, and could not be enforced because the list of contraventions to which the prevention applies was not published in the Official Gazette. Initially, Law no. 270/2017 contained, in its draft form, a list of numerous fines in the field of labour relations for which prevention was to apply. In essence, the provisions of this normative act take into account the fact that no fines will be applied at the first finding of a contraventional act but will be given to those who should be sanctioned a term in which to correct the irregularities found and to comply with the legal provisions. The preventive functioning mechanism requires that the inspector who finds the contravention attach the minutes and a remedial plan, which will include the issues to be corrected, as well as the compliance deadline, which according to art. 2 lit. c of the normative act is of maximum 90 calendar days. In view of the concrete social danger of the deed, situations are established where the determining agent does not draw up a remedial plan but will apply the sanction directly, such as the use of undeclared work or the payment of a lower salary than the minimum. Being conceived, as art. 10, as a derogating regime from the provisions of GO 2/2001 on the legal regime of contraventions, preventive measures can only benefit once for each deed, within a period of 3 years, according to art. 9 par. 1. As the purpose of this regulation, as stated in art. 1 is to prevent contraventions, its future application will confirm this.


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