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Staff welfare - Romania

Updated 04.2010

Legal requirements

The Codul Muncii (Labour Code) governs employees' rights with regard to social protection in Romania.

Social regulations

Non-discrimination, equal treatment and equality of opportunity between women and men

By law, all discrimination against an employee based on gender, sexual orientation, age, nationality, race, religion, etc. is prohibited. Equal treatment and application of the principle of non-discrimination are governed by both the Labour Code and other legislation.

Health and safety at work

The prevention of hazards and the protection of the health and safety of employees are governed by the Law on safety and health in the workplace.

By law, employers are obliged to take the necessary measures to:

  • ensure the safety of and protect the health of workers;            
  • prevent occupational hazards;
  • inform and instruct workers;            
  • provide an organisational framework and the means required to ensure safety and health in the workplace.            

The employer may appoint one or more employees to carry out activities relating to work protection.  In micro-enterprises or small enterprises that carry out activities incurring no particular risks, employers may themselves deal with workplace safety and health if they have the necessary qualifications in this area.

Failure to take legally required workplace safety and health measures constitutes an offence and can be punished by way of a fine or imprisonment.

The Inspecţia Muncii (Labour Inspectorate) is the authority empowered to monitor the way in which workplace health and safety legislation is implemented. The Labour Inspectorate manages the Local Labour Inspectorates established in each county.

Employment law

Contractual law

Working relations between employers and employees are governed by the Labour Code.          

Working relations

Collective employment contracts are entered into by employers or employers' associations and employees, who are represented by trade unions. The procedure for negotiating and entering into collective employment contracts is stipulated in the Law on collective employment contracts.

By law, the normal duration of working time is eight hours per day. The legal maximum period cannot exceed 48 hours per week, including overtime.

Employees are entitled to at least 21 working days of annual leave.

Collective employment contracts are entered into for a fixed-term period that cannot be less than 12 months.

Protection in the workplace

The Law on protection in the workplace governs work protection norms in Romania. To prevent work-related accidents and occupational illnesses, employers must comply with the obligations stipulated by this law.

Disputes

When dealing with work disputes, employers must comply with the provisions of the Law on the resolution of work conflicts.

In the event of a strike, if the managers of a company consider that the strike does not comply with legal provisions, they may contact the court with jurisdiction over the company and request that the strike be called off. The court must rule on the matter within three days after receiving the request.

Mandatory social rules complete the requirements related to managing staff.

Businesses are free to go beyond the minimum social legal requirements at their own initiative.

Administrative procedures

Non-discrimination, equal treatment and equality of opportunity between women and men

The Consiliul Naţional pentru Combaterea Discriminării, CNCD (National Council for Combating Discrimination) and the Agenţia Naţională pentru Egalitate de Şanse ìntre femei şi bărbaţi, ANES (National Agency for Equal Opportunities for Women and Men) can be consulted in the event of any disputes regarding discrimination.

Health and safety at work

Work-related accidents must be reported by employers to the Local Labour Inspectorate and to their insurers.

The legal procedures relating to protection in the workplace include:

  • filing an affidavit regarding compliance with legislation;
  • obtaining a permit to operate from the competent authorities.

In general, workplace protection permits can be obtained from Local Labour Inspectorates (ITMs).

Social security

Employers are obliged to pay social security contributions to the offices of the State Treasury where they are registered as taxpayers. The general deadline for payment is the 25th of each month.

Employers must also declare these obligations to the local tax authorities with which they are registered as taxpayers.

Check also the legislation on this topic in:

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