As a rule, the individual employment agreement is an unlimited (open-ended) term contract. However, the individual employment contract may also be for a fixed-term or part-time. Any kind of individual employment contract must be concluded in writing, in the Romanian language and on the basis of both parties’ consent (employer and employee). Before the beginning of the employment relationship, the employer has the obligation to conclude the individual employment contract and register it with the employees’ electronic program (ReviSal).
When negotiating the employment contract, both the employer and the employee can be assisted by third party specialists, including lawyers.
Fixed-term contracts may be concluded only for the limited cases provided by the Labour Code (requires that agreement states essential information and the duration of the contract).
In order to verify the skills of the employee, the parties may agree upon a probationary period, mentioned within the individual employment contract, of a maximum 90 calendar days for standard positions and a maximum 120 calendar days for managerial positions. With respect to disabled persons, the probationary period will be of a maximum 30 calendar days.
The individual employment contract may be terminated by the employer or by the employee. In case the contract terminates due to the employer’s decision, with the exception of 1) dismissal for disciplinary reasons or 2) if the employee is arrested for more than 30 days, the employee is entitled to a notice period of no less than 20 working days. The employer has the right to waive the notice period and to agree to terminate the contract due to the employee’s will, at any moment before the end of the notice period.