Declaration of independence of work
According to Law 227 from 2015 (also known as "Codul Fiscal" in Romania, translated as the "Fiscal Code"), I hereby declare that my commercial work as a sole trader is an independent activity, acording to the definition at article 7 of the aforementioned law.
As such, I meet the following criteria:
Criteria for independence
Criterion 1: Independence of place of work and mode of working
As independent activity, I have the freedom to choose the place from which I work, and also the way in which I work, and I will not take any contractual obligation otherwise, apart from that which is expressly mandated by law.
By way of exception from this, various engagements that need to be undertaken at specific locations, or in specific ways can be contractually stipulated, as long as they are only punctual, atomic engagements, and do not define the nature of my work. These will, also, need to be in agreement between the contract parties, and not imposed from any one party, save for situations which may qualify as a state of emergency.
Criterion 2: Non-exclusivity criteria
As independent activity, I have the freedom to choose which, and how many, simultaneous contractual agreements I hold at any one time. There can be no contractual clause for exclusivity of work, and no contract can prevent me from having any other contractual agreements at the same time.
Exclusivity of time-slots for work, exclusivity of intellectual propriety, or exclusivity of resource usage, as well as privacy or non-competition clauses do not violate this criterion.
I am free at any point to only have one client simultaneously, if I so choose, and will still be considered independent according to title I, chapter I, section 1, article 1, point 3 from the norms of applicability of the aforementioned law, as long as there is no general clause for exclusivity with that one client.
Criterion 3: Inherent risks are undertaken by myself
As independent activity, I am responsible for mitigating the risks inherent to my work, and the other contractual party cannot be made liable.
By way of exception, the other party can take on specific risks as part of integration of my activity into a larger structure (for example, but not limited to it: offering a specific software protection suite to integrate my personal equipment into a corporate domain, or VPN), or any other contractual stipulation that offers risk mitigation and liability that may be either mandated by law, or required by their activity, or subsequent clients. This, however, would be a contractual agreement between both parties.
The opposing party cannot be made to support any risks of financial and professional nature related to currency exchange rates, inflation, financial result of work, data privacy (limited to data made available to myself), confidentiality, ability to work, health, occupational safety (apart from work that is done within their facilities or within facilities other than that of my choosing as part of my activity for them - see criterion 1), except for those mandated by law, and for the special exception outlined in this criterion.
Criterion 4: I bring my own equipment
As independent activity, I am solely responsible for purchasing, acquiring, maintaining and running, as well as all the costs incurred or associated, all necessary equipment for being able to do work as part of the contract.
By way of exception, specialized equipment, as well as specific devices which are part of the nature of my work (such as, but not limited to, such as testing equipment, devices under test, devices under development, licensed equipment specific for this purpose, any networking equipment that is used to connect to the client systems, etc.) for a particular client will not invalidate his criterion.
I will still be responsible for organizing the services such as power and connectivity according to the contractual specifications.
Criterion 5: I work with my own intellect
As independent activity, I bring my own intellectual capacity to the job (and also my physical one), in ways depending on the nature of the contract. I am not an intermediary for a different legal entity, and I am not acting as a holding, or a shell company, and fulfilling of contractual obligations cannot happen through the use of intellectual property or renting of equipment, without actual intellectual work.
This criterion is not violated by having employees, or employing assistance (even in the form of subcontractors) when absolutely necessary (see criterion 7).
Criterion 7: I can have employees or employ help
(note: this being the 7th criterion is correct, as the 6th criterion from the law is about being part of a professional association that directs and legislates my line of work, and that is not applicable for my profession)
As independent activity, I can use employees and collaborators, while respecting legal requirements, and, unless specific requirements for qualifications, certifications or privacy clauses are specifically required, I cannot be contractually stopped from using them.
Given that 6 out of 7 criteria are fulfilled by my commercial activity, I consider that my professional activity is compliant with being considered an independent activity from a legal standpoint.