Law No. 52 “On exercise of occasional activities by day laborers.”

This Law establishes that day laborer shall be intended natural person, Romanian citizen or foreigner, who has the capacity to work and who carries out unqualified activities of an occasional nature, for a beneficiary or his proxy, against remuneration. Public institutions do not have the status of beneficiaries or their proxies in the sense provided by this law, with the exception of: (a) botanical gardens subordinated to the universities; (b) Academy of Agricultural and Forestry Sciences and the institutes, centers and research-development stations subordinated to it, of the State Institute for Testing and Registration of Varieties subordinated to the Ministry of Agriculture and of Rural Development, as well as county pedological and agrochemical studies offices, national institutes, didactic-experimental stations of universities under the coordination of the Ministry of National Education and specialized high schools under the Ministry of National Education. The employment relationship between the day laborer and the beneficiary or his authorized representative is established under the conditions by the agreement of the parties, without the conclusion, in written form, of an individual employment contract. A person can carry out activities as a day laborer only if he has reached the age of at least 16. By way of exception, minors between the ages of 15 and 16 may work as day laborers only with the consent of their parents or legal representatives. Minor workers, respectively minors aged at least 15 and at most 18 carry out, as day laborers, only activities suitable to their physical development and the skills they demonstrate, if their right to physical, mental, spiritual, moral and social development, the right to education, and their health are not endangered. The duration of the casual activity that can be exercised under the provisions of this law is at least one day, corresponding to 8 hours of work. The daily duration of the activity of a day laborer cannot exceed 12 hours. The minor day laborer who has the capacity to work will be able to work 6 hours a day, but not more than 30 hours a week. The minor day laborer will not perform work during the night. Even if the parties agree on a smaller number of hours of activity, the day laborer's payment will be made for the equivalent of at least 8 hours of work. No day laborer may perform activities for the same beneficiary or his proxy for a period longer than 90 cumulative days during a calendar year, with the exception of day laborers who perform activities in the fields of agriculture, forestry, viticulture, fruit growing, vegetable, floriculture, fishfarming, animal breeding in an extensive system through seasonal grazing of cattle, horses, seasonal activities within the botanical gardens, as well as in the research-development-innovation activities in the agricultural field of the Academy of Agricultural and Forestry Sciences “Gheorghe Ionescu”, of the institutes, centers and research-development stations under its authority and of the national institutes, of the agricultural and forestry educational institutions; in their case, the period cannot exceed 180 cumulative days during a calendar year.