The contract should reflect actual working conditions
The Labour Code requires a written contract in Romanian no later than the day before work begins. The employer must also register the employment relationship. Probation requires an existing contract, and the employee has rights during that period.
Before signing, clarify the role and duties, workplace, pay and its components, hours, leave, assessment criteria and termination conditions. A job offer or discussion of benefits does not replace review of the actual contractual terms.
Rights throughout employment
Article 39 of the Labour Code includes rights to pay, rest, dignity, equal treatment, health and safety, information and consultation. Employees cannot validly waive statutory rights, and acceptance alone does not make a clause lawful.
For full-time adult employees, normal hours are eight per day and 40 per week. Uneven schedules and overtime follow their own rules. Employers must record actual working time, including start and finish times.
- Wages must be paid at least monthly on the date set in the applicable documents.
- Annual leave must be at least 20 working days, subject to any additional applicable entitlements.
- Overtime is compensated by paid time off within the following 90 calendar days. If this is not possible, payment and the supplement under Article 123 of the Labour Code apply.
Employer authority and employee responsibilities
Employers organise activity, assign duties and check performance. Instructions must be lawful, and objectives and assessment criteria must reflect the role and communicated rules. Professional assessment and disciplinary liability serve different purposes and require distinct procedures.
Employees must perform their duties and comply with workplace discipline, internal rules, confidentiality obligations and safety measures. Understanding these responsibilities helps both prevent conflict and assess whether a sanction is justified.
Changing conditions and managing disagreements
Pay, type of work and other essential terms generally change by agreement. Unilateral changes are permitted only in statutory cases and conditions. Economic difficulty does not itself justify any reduction in remuneration or change of role.
When a disagreement arises, identify the challenged measure, preserve communications and review applicable documents. An agreed solution must respect statutory rights and court deadlines. Special-status employees and cross-border relationships require additional review of the applicable regime.
Murar și Asociații assists with drafting and reviewing employment documents, assessing personnel measures and resolving employer–employee disputes.
Useful questions
Can an employer change pay without the employee’s consent?
Agreement is the general rule. A unilateral change requires a legal basis applicable to the situation and compliance with the corresponding procedure; communicating a decision alone is insufficient.
Does signing a contract make every term valid?
No. Terms must comply with mandatory rules and employee rights. Article 38 of the Labour Code prohibits waiver of statutory rights.
Legal sources
- Labour Code — Law No. 53/2003, republished, consolidated version — Articles 16–17, Article 31(4), Articles 38–41, 112, 119–123, 145 and 166.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.