How to terminate a contract in Romania?
Transfer of Undertakings in Romania
Employees’ Rights in Case of a Transfer of Undertaking The transfer of an undertaking, business or part of a business to a new owner by agreement is subject to the Labour Code and Law no. 67/2006. The legal provisions grant a strong protection for the employees subject to the transfer. Prior to the transfer, both […]
Trade Unions and Employers Associations in Romania
Brief Description of Employees’ and Employers’ Associations Employees‘ and employers’ organisations are structured by level: starting from the company level, where there are unions as organisations; sectoral level where there are employers’ organisations and union federations; and the national level where there are employers’ organisations and union confederations. Rights and Importance of Trade Unions The […]
Restrictive Covenants in Romania
Definition and Types of Restrictive Covenants There is no legal definition given for restrictive covenants in Romanian legislation. However, some legal provisions allow the inclusion of specific clauses in the employment agreements that can offer a guarantee of good will between the parties. Also, some legal provisions will impose sanctions directly, without the existence of […]
Social Media and Data Privacy in Romania
Restrictions in the Workplace On objective grounds and with the use of clear internal procedures, the employer can restrict the employee’s use of Internet and social media during working hours. This restriction applies to the use of the Internet and social media on company provided platforms, including portable devices. Can the employer monitor, access, review […]
Anti-Discrimination Laws in Romania
Summary Any difference, exclusion, restriction or preference based on race, nationality, ethnic origin, language, religion, social status, beliefs, gender, sexual orientation, age, handicap, non-contagious chronic disease, HIV positive status, belonging to a disadvantaged group or any other criterion, aiming to or resulting in a restriction or prevention of the equal recognition, use or exercise of […]
Hiring Practices in Romania
Requirements for Foreign Employees to Work In Romania, citizens of the EU or the EEA do not need a work and residence permit. Foreign citizens (who are not EU or EEA citizens) must obtain a work permit in order to perform activity as an employee. The work permit is issued by the Romanian Office for […]
Pay Equity Laws in Romania
Extent of Protection The Romanian Constitution, the Labour Code and the law that establishes the salary for employees and public servants working for public institutions and authorities, all recognise the right to pay equity as a fundamental principle. However, employers are not required to disclose information to specialised authorities, report salary levels for the purpose […]
Working Conditions in Romania
Minimum Working Conditions Employers and employees are free to negotiate the terms and conditions of their employment relationship. However, employees have certain minimum rights granted by the law and the parties’ negotiation cannot stipulate conditions or rights below the legal minimum provisions. Any contractual clauses that are meant to establish rights below the minimum ones […]
Employee Benefits in Romania
Social Security In Romania, there are mandatory pensions, healthcare, unemployment common national systems that apply to all employees and employers. There are mandatory contributions made to each of these systems, by the employees. The employer pays a single contribution. The systems cover predetermined benefits for the employees. For the employer, the required monthly contribution is […]