Staff - Romania

Updated 04.2010

Legal requirements

Employers' obligations towards employees are mainly governed by the Constitution (Article 41), the Codul Muncii (Labour Code), the Law on certain protective measures for employed persons and the Law on protection in the workplace.

Constitution of Romania
Labour Code
Law on certain protective measures for employed persons
Law on protection in the workplace

Employment conditions

Employers are obliged to provide the following:

national minimum wage ;
weekly rest periods and paid leave ;
rotating work shifts appropriate to the type of work, averaging eight hours per day ;
labour equality between men and women;
the right to engage in collective negotiations ;
creating and maintaining a general register of employee records ;
supplying, upon request, all documents that certify the employees' qualifications.

Employment contracts

The Romanian Labour Code makes provision for different types of work contracts:

permanent contract
fixed-term contract (maximum 24 months)
work arranged by a temporary employment agent
part-time contract
work at home

Full-time employment is eight hours per day and 40 hours per week. Part-time employment cannot be for less than 2 hours per day and 10 hours per week. An employee's maximum legal working time cannot exceed 48 hours per week.

Legal working time
Types of employment contracts

There are minimum social rules to follow, especially about non-discrimination, gender equality and health and safety.

Staff welfare — Romania

Administrative procedures

Starting and ending an employment contract

Employers are obliged to register individual employment contracts with the ITM (local labour inspectorate) within 20 days of their being signed.

General registers of employee records can be submitted online.

Submitting registers of employee records

Employers must also:

file records of employment with the ITM for employees hired pursuant to employment contracts;
file documents with the ITM relating to the execution, amendment and termination of employment contracts within five days of their becoming effective;
file quarterly payroll statements together with documentation attesting to monthly contributions in respect of national social insurance, the supplementary pension fund and the unemployment fund by the 15th day of the first month of the following quarter;
employers who have received approval to retain and complete records of employment are obliged to file monthly documentation with the ITM attesting to their payment of salaries, contributions to national social insurance, establishment of a supplementary pension fund, and contributions to the unemployment fund;
employers who have received approval to retain and complete records of employment are obliged to submit employee's records of employment to the Labour Inspectorate upon termination of individual work contracts, so that all entries made can be certified;
pay a fee of 0.75% from the monthly wage fund for records of employment held at the Labour Inspectorate by the end of the following month, where applicable;
pay a fee of 0.25% from the monthly wage fund, in the case of employers in respect of whom the legality of the entries made by them in records of employment has been certified by the end of the following month, where applicable;
request that the Labour Inspectorate issue a permit to operate with regard to protection in the workplace.
ITM online
Labour Inspectorate
Types of inspections carried out by the Labour Inspectorate

Social security contributions

The Casa Naţională de Asigurări de Sănătate, CNAS (National Health Insurance Fund) provides online access to social health insurance forms.

Electronic forms
National Health Insurance Fund (CNAS)

Sample employer affidavits/certificates/contracts that may be useful to employers:

Sample social health insurance contract
Sample insurance coverage certificate
Sample medical leave certificate

Work permits for foreign citizens

To employ a foreign citizen, an employer must ask the Oficiul Român pentru Imigrări (Romanian Immigration Office) to issue a work permit.

Procedure for employing a foreign citizen in Romania
Romanian Immigration Office

Dismissal

Dismissal must occur in accordance with the rules stipulated in the Labour Code.

Dismissal

Resources

The Agenţia Naţională pentru Egalitatea de Şanse ìntre Femei şi Bărbaţi (National Agency for Equal Opportunities for Women and Men) monitors the way in which the principle of equal treatment for women and men is applied in terms of access to jobs, professional development, promotions and working conditions. Detailed information on this subject is provided on the agency's website.

National Agency for Equal Opportunities for Women and Men

The Agenţia Europeană pentru Securitate şi Sănătate în Muncă pentru România (European Agency for Safety and Health at Work for Romania) provides guidelines in accordance with European legislation to enable assessment of workplace risks. It also monitors implementation of best practice to reduce the exposure of workers and other persons to risks and avoid the replacement of certain risks with other risks.

European Agency for Safety and Health at Work for Romania

EURES, the European job portal, offers employers information and support on recruiting across the EU. As well as assisting jobseekers, it helps entrepreneurs find workers from across the EU. In border regions, EURES provides information on cross-border commuting and helps workers and employers with problems that may arise.

Programmes

The Ministry of Labour, the Family and Social Protection has adopted the 2010 Framework Action and Inspection Programme. This programme focuses on a number of actions relating to European campaigns, national campaigns, safety and health at work, labour relations and work records, social assistance, as well as social integration and professional development.

Labour Inspectorate Framework Action Programme [226 KB]

Check also the legislation on this topic in:

Staff - Romania