Labor Code

• identity of the parties (employee and employee)

• date of commencement of activity

• contract duration (indefinite or fixed)

• the workplace where the employee carries out his activity

• function/occupation

• duration of working hours (hours/day and hours/week)

• basic salary, other types of income and the period in which the salary is paid

• duration of the trial period

• duration of the vacation

• duration of the notice period

• the evaluation criteria of the employee's professional activity

• rights and obligations of the parties

• job attributions (job description, annex to the individual employment contract)

In addition to the essential clauses, depending on the specifics of the activity, the parties may negotiate and include in the individual employment contract other specific clauses (e.g.: the clause regarding professional training; the non-competition clause; the mobility clause; the confidentiality clause).

This is an individual employment contract concluded in writing between the temporary employment agent and the temporary employee, for the duration of a mission, before the start of the activity. The temporary employment contract specifies, in addition to the elements provided in the individual employment contract, the conditions under which the mission is to be carried out, the duration of the mission, the identity and headquarters of the user, as well as the amount and methods of remuneration of the temporary employee.

• The actual work takes place at the headquarters of a user;

• The agent has the obligation to inform you about the working conditions at the user;

• The agent does not charge any fee for placing employees at the disposal of the user;

• The agent pays the salary rights due to temporary employees and the taxes due to the state budget.

• it is filled in before the start of the activity;

• the employee fulfills the duties specific to the position at his home;

• the employee sets his own work schedule;

• the employer ensures the transport of raw materials and finished products

• the employer has the right to check the employee's activity under the conditions agreed upon in the contract

• the employee has the same rights recognized by law (salary/working time and rest)

• fill it in before starting the activity;

• the employee's activity takes place regularly outside the employer's headquarters;

• the teleworker can work remotely using information technology;

• the teleworker organizes his work schedule in agreement with the employer

• overtime is performed only with the written agreement of the full-time teleworker

• the employee has the same rights recognized by law (salary/working and rest time)

This is the individual employment contract of a particular type, which can be concluded for a fixed period that cannot exceed 3 years.

• Any young person who does not have a professional qualification and who, at the beginning of the apprenticeship period, has not reached the age of 25, can be employed as an apprentice.

• The employer, legal entity or natural person, undertakes to ensure the apprentice's professional training in a specific profession, in addition to paying a salary;

• The apprentice undertakes to attend vocational training courses and to work under the employer's subordination;

• The apprenticeship contract offers the same rights as other employees.

In the case of apprentices, work performed in difficult, harmful or dangerous conditions; overtime and night work are prohibited.

(read more https://www.anofm.ro/ucenicia-la-locul-de-munca/ )

• Standard rule - 8 hours a day (for 5 days) and 40 hours a week.

• Maximum duration - 48 hours per week, including overtime.

• The daily duration of working time of 12 hours will be followed by a rest period of 24 hours.

• Working time > 40 hours/week

• Overtime requires the employee's agreement (except in cases of force majeure)

• Performing overtime beyond the maximum duration is prohibited (except in cases of force majeure)

• Overtime is compensated by paid time off within the next 90 calendar days after its performance

• Impossibility of compensation by paid time off = salary increase ≥ 75% of the basic salary, corresponding to its duration.

• Work performed between 10:00 PM - 6:00 AM

• Night employee:

  • performs night work in a proportion of at least 30% of their monthly working time

  • performs night work for at least 3 hours of their daily working time

• The normal duration of working time will not exceed an average of 8 hours per day (calculated over a reference period of maximum 3 calendar months, respecting the weekly rest).

• reduced working hours by one hour compared to the normal length of the working day, while maintaining the basic salary

• allowance for work performed during the night of 25% of the basic salary

• Pregnant women, new mothers and breastfeeding mothers cannot be forced to work at night.

• daily working time > 6 hours = lunch break and other breaks

• breaks are not included in the normal daily working time

• Between two working daysminimum rest of 12 consecutive hours

• work in shiftsminimum rest of 8 hours between shifts

  • Work in shifts - employees succeed one another at the same job, according to a certain program

• weekly rest - 48 consecutive hours, usually Saturday and Sunday.

• weekly rest on other days = a salary increase

• continuous activity of maximum 14 calendar days = cumulated rest + compensation of at least 150% of the basic salary.

• only in exceptional situations and with the authorization of the territorial labor inspectorate and with the agreement of the union or the representatives of the employees

• The public holidays on which no work is done are:

  • 1st and 2nd of January; January 24;

  • 6, 7 January

  • Good Friday

  • the first and second day of Easter; May 1; June 1;

  • the first and second day of Pentecost; the Assumption of the Virgin Mary;

  • 30 November - Saint Andrew the Apostle;

  • 1 December; the first and second day of Christmas;

  • two days for each of the 3 annual religious holidays, declared as such by legal religious denominations other than Christian ones

• non-granting of free days = increase in the basic salary of at least 100% of the basic salary corresponding to the work performed in the normal working hours.

Annual paid leave is guaranteed to all employees.

• Minimum duration - 20 working days

• The duration of the vacation does not include public holidays when work is not performed and paid free days

The period of medical leave; maternity leave, maternity risk leave and leave for caring for the sick child are considered periods of performed activity.

• The vacation is taken every year. If not taken, the employer is obliged to grant the untaken vacation within a period of 18 months starting with the year following the one in which the right to annual vacation was born

• Cash compensation - only in case of termination of the individual employment contract

• Employees who work in harsh, dangerous or harmful conditions, the blind, other disabled people and young people under the age of 18 additional vacation of at least 3 working days.

• The employee is obliged to take the vacation in kind.

• The vacation can be interrupted, at the employee's request, for objective reasons. The employer can recall the employee from vacation, bearing all related expenses.

• The vacation allowance represents the daily average of the salary rights from the last 3 months prior to the one in which the vacation is taken, multiplied by the number of vacation days.

As a rule, the individual employment contract is concluded for an indefinite period. By way of exception, under certain conditions, the individual employment contract may also be concluded for a fixed period, for the following situations:

• Replacing an employee in the event of suspension of his employment contract, with the exception of the situation in which that employee participates in the strike;

• the increase and/or temporary modification of the structure of the employer's activity;

• carrying out seasonal activities;

• on the basis of legal provisions in order to temporarily favor certain categories of unemployed people;

• hiring a person who, within 5 years from the date of hiring, meets the conditions for retirement for the age limit;

• occupying an eligible position within trade union/employer/non-governmental organizations, during the term of office;

• in other cases expressly provided for by special laws or for carrying out works, projects or programs.

The fixed-term individual employment contract can only be concluded in writing, with the express specification of the duration for which it is concluded.

A maximum of 3 fixed-term individual employment contracts can be concluded successively between the same parties.

• The “trial period” takes place after the conclusion of the individual employment contract

  • at most 90 calendar days for executive positions

  • at most 120 calendar days for management positions.

• The verification of the professional skills of people with disabilities is carried out exclusively during a trial period of maximum 30 calendar days.

• During the execution of an individual employment contract, only one trial period can be established

• During or at the end of the trial period, the individual employment contract may be terminated exclusively by a written notification, without prior notice, at the initiative of either party, without the need to justify it.

LAYOFF consists of the employer's unilateral will to terminate the individual employment contract. This can be ordered for reasons related to the employee or for reasons not related to the employee.

DISCIPLINARY SANCTION is a constraint measure taken by the employer against the employee who has committed a disciplinary offense and which, as the case may be, temporarily affects the exercise of the duties of service, salary income or determines the termination of the individual employment contract.

The suspension of the individual employment contract can occur by law, by agreement of the parties or by the unilateral act of one of the parties.

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. During the suspension, other rights and obligations of the parties may continue to exist, if they are provided for by special laws, by the applicable collective labor agreement, the individual employment contract or by internal regulations.

In the event of suspension of the individual employment contract due to a fact attributable to the employee, during the suspension he will not benefit from any right arising from his capacity as an employee.

Each time, when during the period of suspension of the contract, a cause of termination by law of the individual employment contract occurs, the cause of termination by law prevails.

The individual employment contract can be terminated as follows:

• Termination by law of the individual employment contract occurs as a result of the intervention of a legal fact or legal act, which determines this effect by law. (read more)

• Termination as a result of the agreement of the parties can take place both as a result of the employee's request and as a result of the employer's request, on the date agreed by them.

• As a result of the unilateral will of one of the parties, in the cases and under the conditions limitatively provided by law.

Young people must benefit from working conditions adapted to their age and be protected against economic exploitation or any activity that could endanger their safety, health, physical, mental, moral or social development, or that could compromise their education.