Romania's labor laws are designed to protect employees and ensure fair treatment in the workplace. These laws cover a wide range of issues, including employment contracts, working hours, termination procedures, and workplace safety. Understanding these rights and protections is crucial for both employers and employees to maintain a compliant and productive work environment. As an employer of record, we ensure that all employment practices adhere to Romanian labor regulations, providing peace of mind for businesses expanding into the Romanian market.
Romanian labor law emphasizes the importance of written employment contracts, which must specify key terms and conditions such as job description, salary, working hours, and duration of the contract. Employees in Romania benefit from various protections, including minimum wage requirements, limitations on working hours, and the right to paid leave. These regulations aim to promote a healthy work-life balance and prevent exploitation.
Termination Rights and Procedures
Termination of an employment contract in Romania is governed by strict rules to protect employees from unfair dismissal. Employers can terminate an employment contract for reasons related to the employee's performance or conduct, or for reasons related to the company's economic situation. However, all terminations must be justified and follow a specific procedure.
- Notice Period: The length of the notice period depends on the employee's tenure and the reason for termination. Generally, the minimum notice period is 20 working days for employees who resign and can extend up to 45 working days depending on the employment contract or collective bargaining agreement. For dismissals due to performance or disciplinary reasons, the employer must provide a notice period as stipulated in the employment contract or collective bargaining agreement, but not less than 20 working days.
- Severance Pay: Employees who are dismissed for reasons not related to their performance or conduct (e.g., redundancy) are entitled to severance pay, as stipulated in the employment contract or collective bargaining agreement.
- Grounds for Termination: Valid grounds for termination include poor performance, disciplinary offenses, or company restructuring. Employers must provide clear and documented evidence to support the reason for termination.
- Procedure: The termination procedure involves a written notice of termination, which must state the reason for termination and the date on which the employment will end. The employee has the right to appeal the termination in court if they believe it was unfair.
| Reason for Termination | Minimum Notice Period | Severance Pay |
|---|---|---|
| Resignation | 20 working days | No |
| Redundancy | As per contract/CBA | Yes |
| Performance | As per contract/CBA | No |
Anti-Discrimination Laws and Enforcement
Romania has strong anti-discrimination laws in place to protect employees from discrimination based on various characteristics. These laws are aligned with EU directives and aim to promote equality and diversity in the workplace.
- Protected Characteristics: The law prohibits discrimination based on race, ethnicity, religion, gender, sexual orientation, age, disability, political opinion, and trade union membership.
- Enforcement: The National Council for Combating Discrimination (CNCD) is the main body responsible for enforcing anti-discrimination laws. Employees who believe they have been discriminated against can file a complaint with the CNCD or take legal action in court.
- Employer Obligations: Employers have a duty to create a workplace free from discrimination and harassment. They must implement policies and procedures to prevent and address discrimination, and provide training to employees on anti-discrimination laws.
| Protected Characteristic | Legal Basis | Enforcement Body |
|---|---|---|
| Race/Ethnicity | Law No. 67/2002 | National Council for Combating Discrimination (CNCD) |
| Gender | Law No. 202/2002 | National Council for Combating Discrimination (CNCD) |
| Sexual Orientation | Government Ordinance No. 137/2000 | National Council for Combating Discrimination (CNCD) |
| Disability | Law No. 448/2006 | National Council for Combating Discrimination (CNCD) |
Working Conditions Standards and Regulations
Romanian labor law sets out specific standards and regulations regarding working conditions to ensure employees' well-being and fair treatment.
- Working Hours: The standard working week is 40 hours, typically spread over five days. Overtime work is permitted but is subject to limitations and must be compensated with additional pay or time off.
- Rest Periods: Employees are entitled to a daily rest period of at least 12 consecutive hours and a weekly rest period of 48 hours, usually on weekends.
- Paid Leave: Employees are entitled to a minimum of 20 working days of paid annual leave. Additional leave may be granted based on seniority, collective bargaining agreements, or individual employment contracts.
- Minimum Wage: The minimum gross wage in Romania is established by the government and is updated regularly. Employers must pay at least the minimum wage for all employees.
| Aspect | Regulation
