Prior to the start date of employment, the employer and the employee conclude and sign the employment contract in Romanian, with bilingual versions also allowed. Employers must then submit all new contracts and changes to existing contracts via an online platform (ReGES/Revisal) at least one day prior the Revisal effective date of the change.
Only salary changes can be reported 20 days following the effective date. Contract terminations can be reported on the termination date (first day unworked).
All parties have to conclude, sign, and note all the changes in an addendum prior to the effective date.
The employment contract must contain the following information:
A contract can contain only one probation period. A new contract can contain an additional probation period to evaluate the employee’s performance in a new role.
Omitting any of the above information invalidates the contract. The parties must note all the changes to their employment agreement (e.g., base salary, working hours, workplace, position) in an addendum.
The employee has the right to receive the payslip monthly (most commonly, electronically).
The payslip has to show the monthly base salary, hours worked and corresponding salary, vacation days and corresponding salary, any medical leave days, any bonuses, deductions and benefits (meal tickets), social taxes withheld and remaining net salary.
The employer is obligated to have work, health, and safety services provider (SSM) responsible for the following:
The employer has to draw up and implement a risk prevention policy detailing ways that employees can identify, evaluate, and minimize the risks – especially, in a home-office environment.
Most often, you can find the health and safety regulations in the employment contract’s annexes.
A specialised labour medical services provider/clinic must examine the employee prior to the start date. The employee must have this type of medical exam yearly (or twice a year for food industry workers and in other special situations set in industry-specific rules). Failing to have the medical checkup will invalidate their contract.
Certain employees find protection from being dismissed during certain periods of their lives, as follows:
Employees have the right to be protected from discrimination at work and during all stages of the employment cycle, from interviews to termination, based on the following:
If an employee brings the discrimination concern to the court, the employer usually bears the burden of proof.
All employees have the right to be treated equally at work with respect to the working conditions regardless of gender, disability, or any other ground for discrimination. Employers must (1) give the same benefits, training, and promotion opportunities to all employees and (2) pay the same remuneration for work of the same value and conditions.
Employees with disability have a right to reasonable accommodation of their workplace. Employers have the obligation (1) to secure (at their own expense and by means of technical and organisational measures), adjust, and establish particular working conditions, workplaces, and sheltered working sites and (2) to train or instruct such employees in order to increase their professional qualifications.
No special regulations protect whistleblowers. However, the employer (1) mustn’t put the employee at a disadvantage merely because the employee lawfully claims rights arising from the employment relationship and (2) cannot dismiss or subject to any detriment the employee who submits a genuinely held complaint in good faith.
The EU General Data Protection Regulation (GDPR) rules apply in Romania, granting the right to privacy and the right to determine who is to receive personal data. The employer may process personal data for the purposes of (1) establishing the employment relationship, (2) terminating the employment relationship, or (3) complying with information duties regarding employee representatives under statutory law, a collective bargaining agreement, or a works agreement. Any further use of personal data requires the employee’s direct consent.
Employers controlling data have the duty to keep records of their data-processing activities, particularly with respect to (1) personal data processed systematically and (2) all employees’ personal data. Companies must also inform employees about the processing taking place and secure the processed data by implementing appropriate technical and organisational measures, depending on the type of data processed and the extent of such processing.
Companies are free to transfer personal data among the members of the European Union and the European Economic Area that adhere to the GDPR rules. For data to be transferred outside these parameters, the recipient of the data must ensure an adequate level of protection.
If Romanian citizens fall under one of the following categories, they become eligible for unemployment indemnity paid by the Local Workforce Occupation Authority:
This means the contract can’t be terminated by resignation, mutual agreement, or dismissal due to gross misconduct.
Here are the factors making a person eligible for unemployment indemnity in the case of dismissal:
Employees are entitled to time off paid by either the employer or the social security authorities in the following circumstances:
For more details, see the Leave section.