Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

• Author: Iustina Ionescu
• Pages: 46-50

46

8 Self-employed workers (Directive 2010/41/EU and some relevant

provisions of the Recast Directive)

8.1 General (legal) context

8.1.1 Surveys and reports on the specific difficulties o f self-employed workers

No surveys and/or reports have been published in Romania over the last five years which

provide insights into the specific difficulties faced by self-employed w orkers.

8.1.2 Other issues

There is no spe cific research on self-employed people in Romania. Therefore, there is no

assessment of the problems with which self-employed people (in particular women) are

confronted.

8.1.3 Overview of national acts

In April 2013, the Government extended the Gender Equality Law to apply to self-

employed workers and their spouses.164 However, it was not until January 2014 that the

law actually introduced the concept of spouses of self-employed workers and extended the

possibility of contracting insurance for social protection to registered spouses. 165

8.1.4 Political and societal debate and pending legislative proposals

There has been no political and/or societal debate nor any pending legislative proposals

on this topic.

8.2 Implementation of Directive 2010/41/EU

Directive 2010/41/EU has been explicitly implemented in national law in the Gender

Equality Law, in particular to expand the scope of the law in order to apply to self-employed

workers and their spouses.

8.3 Personal scope

8.3.1 Scope

Government Emergency Ordinance No. 83/2012 , approved with amendments by L aw No.

115/2013, extended the scope of the Gender Equality Law to the establishment, equipping

or extension of a business or the launching or extension of any other form of self-employed

activity to self-employed workers and their spouses who work with them but are not paid.

In addition, Law No. 4/2014 on the amendment of Government Emergency Ordinance No.

44/2008 on t he carrying out of economi c activ ities by authorised individuals, individual

firms and family busin esses transposed Article 2 of Directive 2 010/41/EU by establishing

certain rights for the spouse of a self-employed person who works with that person without

being employed.

164 Law 113/2013 on the approval of the Government Emergency Ordinance 83/2012 for the amendment of

Law 202/2002 on equal opportunities and equal treatment between women and men (Lege nr. 115 din 24

aprilie 2013 privind aprobarea Ordonanei de urgen a Guvernului nr. 83/2012 pentru modificarea şi

completarea Legii nr. 202/2002 privind egalitatea de şanse şi de tratament între femei şi brbai),

published in Official Journal No.240 of 25.4.2013.

165 Law 4/2014 on amendment of the Government Emergency Ordinance 44/2008 on the carrying out of

economic activities by authorised individuals, individual firms and family businesses (Legea 4/2014 de

completare a Ordonanei de Urgen 44/2008 privind desfşurarea activitilor economice de ctre

persoanele fizice autorizate, întreprinderile individuale şi întreprinderile familiale).