Employment

contract
Author: Gutu Teodora
Proffesor: Alina Emilia Ciortea
 What is an
employment
contract?
“Art. 10. [legal definition of the individual employment
contract] An individual employment contract is an agreement
under which a natural person, called employee, undertakes to
perform the work for and under the authority of an employer,
natural or legal person, against a remuneration called wage.”
 Issues to be specified in the contract

criteria for assessing the

the name and addresses
the place of work the job description professional activity of
of the parties
the employee

the date that the

the specific risks of the the duration of the the duration of paid
contract becomes
respective position employment leave
effective
normal duration or
base salary, bonuses, work, expressed in
notice periods and
and frequency of hours per day and per
conditions;
payment week
Remuneration
The Romanian government determines this
Statutory minimum wage, and as of 1 January 2019, the
minimum minimum gross wage amounts to RON 2,080
wage (approx. 440 EUR) per month.

Pay increases are usually agreed between

Pay
employee and employer on an individual basis, or
increases
as a result of collective bargaining.

An employer must obtain the consent of the

Reduction of employee if they wish to pay the employee a
wages lower wage, or wish to amend the employment
contract.
 Working Time
Standard
working 40 working hours / 8
hours hours per day

Maximum 48 working hours per

working week
hours

Breaks A meal break each day

At least 12 consecutive hours between

Rest period
two succesive working days and 2
consecutive days per week
 Choise of Law
When a foreign citizen
When a Romanian
is performing work in
i employee is performing iii Romania, for a
work within Romania
Romanian employer

When a Romanian When the employee

employee is performing has acquired the
ii work abroad, for a iv refugee status and is
Romanian employer employed on the
Romanian territory
Jurisdiction Clause
The parties to an
employment contract
subject to Romanian
law can only rely on
the jurisdiction of
Romanian courts,
practicing the
procedural laws of
Romania to resolve
disputes.
 Legal capacity of the employee
(1) A natural person shall acquire legal capacity to work
at the age of sixteen.

(2) A natural person may also conclude a employment

contract as an employee at the age of 15, with the
agreement of his/her parents or legal representatives,
related to activities corresponding to his/her physical
development, skills and knowledge, unless his/her health,
development and vocational training are harmed. […]

(5) The employment in difficult, unhealthy or dangerous

workplaces may only take place after the age of eighteen;
Legal capacity of the employer
(1) For the purposes of this Code, a natural or
legal person, which, according to the law, may
employ personnel under individual
employment contracts.

(2) A legal person may conclude individual

employment contracts in the capacity of
employer from the moment it acquires legal
personality.

(3) A natural person may conclude individual

employment contracts in the capacity of
employer after acquiring full legal capacity.
 Equal treatment Main rights of employee:
Wage
Dignity Consultation Bargaining
Rest
Period Safety Working Collective
environment actions
Annual Vocational
leave training Protection Trade union

Main obligation of employee:

Work quotas Rules of Work safety

procedure
Labour Professional
discipline Loyalty secrecy
 Rights of the employer
Operation of the Orders with a
unit compulsory character
To apply
penalties Employee’s tasks To exert control

Obligations of the employer

Working Situation of The general
conditions organization employee register

Organizational Trade union Documents

conditions
Taxes Confidentiality
Employee’s
rights
 Dismissal of the contract
Art. 58. (1) A dismissal is the cessation of the individual employment contract on
the initiative of the employer. […]

Subjective Reasons Objective Reasons

Art. 65. (1) A dismissal for reasons not related
a) disciplinary offence;
to the person of the employee is the cessation
b) preventive custody for more than 30
of the individual employment contract
days;
determined by the elimination of the workplace
c) physical and/or mental inability;
of the employee, for one or several reasons not
d) not professionally fit to the
connected to employee’s person […].
workplace;
Art. 66. The dismissal for reasons not related to
e) standard age and period of
the person of the employee may be individual or
contribution.
collective.
 Utility of the agreement
Social Security 1
Healthcare and
Insurances 2

Required Leave 3

Pensions 4

Other Benefits 5
1. Job security 4. Employment
for Employee contract is a best
and Labor way to Maintain
certainty for trade secret or
employer Confidentiality
for employer.

6. Dispute
Resolution 5. Staff Leave

2. Understanding
3. Key to Protect
of duties
Employee Right
(Employee and
Employer)

The importance of agreement

 Resources
● Labour Code of Romania –
www.ilo.org

● Employment Law Overview

Romania 2021-2022, Magda
Volonciu & Asociatii / Proud
Member of L&E GLOBAL

● https://cms.law/en/int/

● https://zegal.com/
 What did you find https://www.menti.com/ve1hp6zq1x

interesting about the

employment
contract?
The voting code 5836
5365 is valid