Frequently Asked Questions
Individual employment contract for working from home. Telework
With what does the individual work-at-home contract differ from the standard contract?
Differs in that the employee works from home and sets their own work schedule.
{ "translation": "How does a home-based employment contract differ from a telecommuting contract?" }
Telecommuting can take place in any location other than the one organized by the employer, not just from home, uses only information and communication technology, and the work schedule is established by mutual agreement with the employer.
Individual employment contract
"Who has the obligation to conclude the individual employment contract?"
The employer has the obligation, before the commencement of activity, to conclude the individual employment contract and to hand over to the employee a copy of the contract.
Translation of HTML
When is the individual employment contract registered and transmitted to the General Register of Employees?
The individual employment contract must be registered and transmitted in the General Register of Employees no later than the day before the start of activity, regardless of whether it is a working or non-working day.
"Care este durata maximă a perioadei de probă?"
90 calendar days for executive functions and 120 calendar days for management functions.
"During the probation period, must an individual employment contract be concluded?"
Yes, mandatory before starting the activity. The trial period is carried out within the individual employment contract and constitutes seniority at work.
Translation
How many probationary periods can be established during the execution of an individual employment contract?
Only one trial period, except when the employee starts with the same employer in a new position or profession, or is to perform the activity in a workplace with difficult, harmful, or dangerous conditions, in which cases they may be subject to a new trial period.
"Is the accumulation of functions allowed?"
Yes, any employee has the right to work for different employers or for the same employer, based on individual employment contracts, benefiting from the corresponding salary for each of them.
An employee who has two individual employment contracts with the same employer must have different positions and work, based on both contracts, for a maximum of 12 hours/day.
Temporary work contract
"What is a temporary employment contract?"
The temporary employment contract is an individual employment contract that is concluded in writing between the temporary employment agency and the temporary employee, for the duration of a mission.
Who ensures the conclusion of the temporary employment contract?
The conclusion of the temporary employment contract is ensured by the temporary employment agent.
The temporary employment contract must specify the conditions under which the assignment is to take place, the duration of the assignment, the identity and registered office of the user, as well as the amount and methods of remuneration of the temporary employee.
"Can the temporary employment agency conclude a permanent employment contract with the temporary employee?"
A. The temporary employment agency can conclude with the temporary employee also an employment contract for an indefinite period, in which case in the period between two assignments, the temporary employee is at the disposal of the temporary employment agency.
Apprenticeship, internship, and traineeship
What rights do I have as an apprentice?
All rights and obligations stipulated by labor legislation, Law 279/2005 and, where applicable, by the special laws governing the occupation in question.
As an intern, am I entitled to remuneration?
Yes, you must receive compensation equal to at least 50% of the minimum gross basic salary guaranteed in payment and it is granted proportionally with the number of hours of activity performed (no more than 720 hours over 6 consecutive months).
"The internship contract concluded based on Law no. 335/2013 is registered anywhere?"
Now, it is an annex to the individual employment contract that is registered in Revisal.
However, the internship certificate/certification issued by the employer is endorsed by the territorial labor inspectorate in whose territorial area the employer has its headquarters.
Fixed-term employment contract
"How many fixed-term employment contracts can be concluded successively between the same parties?"
This implies 3 fixed-term individual labor contracts.
Fixed-term individual labor contracts concluded within 3 months of the termination of a fixed-term employment contract are considered successive contracts and cannot have a duration of more than 12 months each.
Part-time employment contract
{ "translation": "What are the specific elements that the part-time individual employment contract must include?" }
Working hours and the distribution of the work schedule;
The conditions under which the work schedule can be changed;
The prohibition to work overtime, except in cases of force majeure or for other urgent work intended to prevent accidents or to eliminate their consequences.
{ "translation": "What is the effect of not specifying the elements mentioned above in a part-time individual employment contract?" }
The contract is considered to be concluded for the full standard.
Modification of the individual employment contract
How can the individual employment contract be modified?
How can the individual employment contract be modified?
This page provides information on how an individual employment contract can be modified.
The individual employment contract can be modified only by agreement of the parties, except in situations where such modification is expressly provided by law.
To which elements does the modification of the individual employment contract refer?
To any of the following elements:
contract duration
workplace
type of work
working conditions
salary
working time and rest time.
"Can the workplace be unilaterally changed by the employer?"
Yes, through the delegation or secondment of the employee to a workplace other than that stipulated in the individual employment contract.
"Care sunt drepturile de care beneficiază salariatul delegat/detașat? - What are the rights that an employee benefits from when delegated/posted?"
The delegated/posted employee is entitled to the payment of transport and accommodation expenses, as well as a delegation/posting allowance, under the conditions stipulated by law or the applicable collective labor agreement.
As a rule, the rights due to the posted employee are granted by the employer to whom the posting was ordered. However, as an exception, the rights are paid to him by the employer who posted him if they are more favorable to him.
Suspension of the individual employment contract.
Care este efectul suspendării contractului individual de muncă?
The suspension of the individual employment contract has the effect of suspending the performance of work by the employee and the payment of salary rights by the employer.
The suspension of all terms related to the conclusion, modification, execution or termination of the individual employment contract, except for situations in which the individual employment contract terminates by law.
HTML Translation
Is it possible to reduce the work schedule from 5 days to 4 days per week, with a corresponding reduction in salary?
Yes, in the event of a temporary reduction in activity for economic, technological, structural or similar reasons, for periods exceeding 30 working days, the employer may decide this, until the situation that caused the reduction in the program is remedied, after prior consultation with the representative union at the unit level or with the employees' representatives, as the case may be.
Translation
What is the amount of compensation paid from the salary fund that employees receive who no longer perform work during the reduction and/or temporary interruption of activity?
At least 75% of the basic salary corresponding to the job held.
"Unpaid leave can only be granted as a result of the employer's will?"
Well, in the case of unpaid leave for studies or personal interests, the individual employment contract can be suspended by agreement of the parties.
Attention! Unpaid leave reduces the seniority at work!
Termination of the individual employment contract.
What is the notice period that employees benefit from in case of dismissal for reasons not related to the employee's person?
Approximately 20 working days.
What is the period in which an employee dismissed through collective dismissal has the right to be rehired with priority in the re-established position in the same activity, without examination, competition, or probationary period?
Within 45 calendar days from the date of dismissal.
Is the employer obligated to register the employee's resignation?
Yes. The employer's refusal to register the resignation gives the employee the right to prove it by any means of evidence.
What is the notice period in case of resignation?
No more than 20 working days for employees with executive positions, and no more than 45 working days for employees who hold management positions.
Can an employee resign without notice?
Yes, if the employer does not fulfill the obligations assumed through the individual employment contract or if the employer waives the benefit of the notice period.
I returned from childcare leave, and in the meantime, my employer eliminated my position and wants to fire me. Is this legal?
No. With the exception of judicial reorganization or bankruptcy, the employer cannot dismiss for 6 months the employee who permanently returns to the unit after the leave for raising and caring for the child or is in the payment of the insertion incentive. The prohibition applies only once.
I am pregnant and my employment contract expires next month. Is my employer obligated to extend my contract?
No. The termination of the individual employment contract concluded for a fixed period is a termination by law and operates even if the contract is suspended.
Time tracking
In what form should work time be recorded?
The law does not specify the form, but only the employer's obligation to organize and keep at the workplaces records of the hours worked daily by each employee, highlighting the start and end times of the work program, and to submit this record to the labor inspectors' control whenever requested.
Overtime
What is the normal duration of working hours for employees employed full-time?
8 hours per day and 40 hours per week.
What is the working time duration for young people under the age of 18?
6 hours per day and 30 hours per week.
What is the maximum legal duration of working time, including overtime?
This is capped at 48 hours per week.
Exceptionally, the duration of working time, which also includes overtime, may be extended beyond 48 hours per week, provided that the average working hours, calculated over a reference period of 4 calendar months, does not exceed 48 hours per week.
When can an uneven work schedule work?
Only if it is expressly specified in the individual employment contract.
How is overtime work compensated?
Paid free time within the next 90 calendar days after it is performed.
If compensation through paid free time is not possible within the above period, in the following month, the overtime will be paid to the employee by adding an allowance to the salary corresponding to its duration, which cannot be less than 75% of the base salary.
Night shift
What is night shift work?
Work performed between the hours of 10:00 PM and 6:00 AM is considered night work.
What is the amount of the allowance granted for work performed during the night?
25% of the base salary, if the time worked is at least 3 night hours of the normal working time.
Is the employer who frequently uses night work obliged to inform the territorial labor inspectorate about this?
Of.
Periodic rest
What rest period are employees entitled to between two working days?
For at least 12 consecutive hours.
Exceptionally, in the case of shift work, this break may not be less than 8 hours between shifts.
What are the rights of employees who are granted weekly rest on days other than Saturday and Sunday, days established by the applicable collective bargaining agreement or by the internal regulations?
From a salary increase established by the collective labor agreement or, as the case may be, by the individual employment contract.
What are the rights of employees who, for justified reasons, work on public holidays?
Compensation is ensured with corresponding free time in the following 30 days or an increase to the base salary which cannot be less than 100% of the base salary corresponding to the work performed in the normal work schedule.
Vacation
When is monetary compensation for unused vacation leave permitted?
Only in the case of termination of the individual employment contract.
What is the amount of the holiday leave allowance?
Daily average of wage rights composed of the basic salary, allowances and bonuses of a permanent nature due for the period, stipulated in the individual employment contract, from the last 3 months prior to the one in which the leave is taken, multiplied by the number of days of leave.
When is the holiday (vacation) allowance/pay paid?
The holiday allowance is paid by the employer at least 5 working days before the start of the holiday.
When is the remaining vacation time from the previous year granted?
For justified reasons, the employee cannot take, in full or in part, the annual leave to which he was entitled in the respective calendar year, with the agreement of the person concerned, the employer is obliged to grant the untaken leave within a period of 18 months from the year following the one in which the right to annual leave was born.
Can my employer be forced to grant me vacation leave during the notice period?
Now, except if you already had your vacation scheduled during that period. The refusal to grant vacation during the scheduled period must be well justified.
Salaries / Payroll / Remuneration (depending on the specific context)
Salary = base salary?
Well, the salary includes the basic salary, allowances, bonuses, as well as other additions.
Does the minimum wage include the seniority bonus?
Now, the minimum wage stipulated by government decision refers only to the basic (tariff) salary.
I have not received my payslip. Is that legal?
There is no law that stipulates the employer's obligation to issue pay slips.
I haven't signed the payroll sheet in any month, but I received my salary on my card. Is that legal?
Yes, the employer can pay the salary into an account by bank transfer.
What should I do if my employer doesn't pay my salary?
File a complaint with the ITM at the employer's headquarters. If, even after the ITM orders the payment of the salary, the employer does not make the payment, you must sue him in court at the court in the locality where you live or have your workplace.
The respective dispute is exempt from judicial stamp and judicial stamp duty.
Attention! The right to claim payment of outstanding salaries is time-barred in 3 years!