The practice of gambling in 2019
Article from the series „Gambling practice”, by Anchidim Zagrean, vice-president ROMBET
(Continued from the last edition)
II. Interior regulation – special part
The obligation of elaborating the Interior Regulation, according to the Labour Code, belongs to the employer, after having consulted the union or the representatives of the employees, is brought to the knowledge of the employees by its care and produces effects starting with the information of the employees, having the obligation to display it at the registered office.
Therefore, the obligation of informing the employees with regard to the contents of the interior regulation must be accomplished by the employer.
The interior regulation must contain at least the following categories of dispositions:
a) rules regarding the protection, hygiene and safety at work within the unit;
b) rules regarding the observance of the principle of non-discrimination and of removal of any forma of dignity violation;
c) the employer’s and the employees’ rights and obligations;
d) procedure for the settlement of the employees’ requests or individual complaints;
e) actual rules regarding the work discipline in the unit;
f) misconducts and applicable penalties;
g) rules regarding the disciplinary procedure ;
h) modalities of applying other legal or contractual specific dispositions;
i) criteria and procedures of professional evaluation of the employees.
As a consequence of the provisions from letter h) above, as well as of the special provisions regarding the gambling regulation, the gambling organizers must elaborate, in view of authorizing their activity, the special part of the Interior Regulation, with a contents specific to the type of gambling for which the authorization is requested.
In this respect, the Methodological Norms for the application of the gambling legislation, define the Interior Regulation – special part, as: the assembly of norms, rules and procedures applicable in the gambling organizer’s activity, where there are provided the individual responsibilities and skills of the employees involved in the performance of the specific gambling activities.
It is also provided here that the Interior regulation will be structured in two parts, a general part where there will be mentioned the binding provisions in accordance with the labor legislation and a special part, where will be mentioned the individual responsibilities and skills of the employees directly involved in the gambling activity.
This special part is subject to the approval of the Supervisory Committee of ONJN. Any amendment of the special part of the interior regulation will be approved by the Supervisory Committee.
In the interior regulation – special part – regarding the organization and performance of the activity – will be mentioned in detail: the staff’s tasks and attributions, the financial-accounting evidence system, the means of assuring the security of the documents, of the values as well as the location of the server.
From the contents of the Interior regulation – special part, cannot miss, in my opinion, the modality of putting in practice the special and general legal provisions, with a synthetic reference to:
– description of the organization chart, of the means of organization and ranking of the staff, specific to the gambling organizer’s activity;
– the functions of the persons responsible with putting at the gambler’s disposal of the equipments intended for the respective game;
– who is responsible for putting at the gambler’s disposal the auxiliary gambling means, establishing the financial means contributing to the game organization and exploitation, the practical description of the conditions and modality of procuring them;
– the responsibility regarding the interdiction of the minors’ access in the specialized gambling locations, as well as the interdiction of their participation to any type of gambling;
– the responsibility regarding the interdiction of participation to traditional gambling of the persons who do not possess valid identity documents with them;
– the responsibility regarding the establishment of the gamble stake and, if applicable, the establishment of the prize funds, by categories, from the gambling fee;
– the responsibility regarding the homologation of the results;
– the responsibility regarding the validation of the gains;
– the responsibility regarding the validation of the auxiliary gambling means (tokens, coupons, tickets, impulses, etc.) used for proving the gain and which are presented materially in view of setting off the net value of the gains;
– the responsibility regarding the payment term;
– the responsibility regarding the withholding of the tax on the gains, by deduction at source, the documents requested for the processing of the personal data, in view of submitting the informative statements provided by the law and any processing in legitimate purpose, with limitation to the cases provided by the EU Regulation:
a) the interested person gave his/her approval for the processing of the personal data for one or several specific purposes;
b) the processing is necessary for the execution of a contract where the interested party is a part or in order to perform any undertaking at the request of the interested person before executing a contract;
c) the processing is necessary in view of fulfilling a legal obligation by the operator;
d) the processing is necessary in order to protect the vital interests of the interested person or of other natural person;
e) the processing is necessary for the accomplishment of a task serving to a public interest or resulting from the exercise of the public authority the operator is invested with;
f) the processing is necessary for legitimate purposes pursued by the operator, unless the interested person’s rights and fundamental freedoms prevail, requiring the protection of the personal data, especially when the interested person is a child.
– the responsibility regarding the measures for the application of the Law provisions for the prevention and fighting of money laundering and terrorism financing, by describing the operations to be performed, regarding:
a) the report for suspect transactions;
b) the report regarding the transactions with amounts in cash, lei or currency, whose minimum limit represents the equivalent in lei of 10.000 euro;
c) standard measures for customer knowledge allowing the identification of the client and the verification of his identity based on the documents, data or information obtained from credible and independent sources, including by means of electronic identification upon the collection of the gains, at the acquisition or exchange of tokens when there are being performed transactions whose minimum value represents the equivalent in lei of minimum 2.000 euro, in a single operation.
We will be back with other opinions, in the future edition of the magazine…