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Fixed-term employment contract

According to Article 12 of the Labor Code, with subsequent amendments and completions, the individual employment contract is concluded for an indefinite period.

As an exception, the individual employment contract may be concluded for a determined period of time, under the conditions expressly provided by law.

Thus, according to Article 82, by way of derogation from the rule provided for in Article 12 paragraph (1), employers have the possibility to hire, in the cases and under the conditions of this Code, salaried staff with individual fixed-term employment contracts.

The individual fixed-term employment contract can be concluded only in written form, with the express specification of the duration for which it is concluded.

 The individual fixed-term employment contract may be extended, under the conditions mentioned below, and after the expiration of the initial term, with the written agreement of the parties, for the period of carrying out a project, program or work.

It is important to emphasize that between the same parties can be concluded successively at most 3 individual employment contracts for a determined duration.

Individual fixed-term employment contracts concluded within 3 months of the termination of a fixed-term employment contract are considered successive contracts and may not have a duration of more than 12 months each.

Thus, according to Article 83, the individual employment contract may be concluded for a specified duration only in the following cases:

  1. a) the replacement of an employee in case of suspension of his employment contract, except for the situation in which that employee participates in the strike;
  2. b) the increase and / or temporary modification of the structure of the employer’s activity;
  3. c) carrying out seasonal activities;
  4. d) in the situation in which it is concluded on the basis of legal provisions issued in order to temporarily favor certain categories of unemployed persons;
  5. e) hiring a person who, within 5 years from the date of employment, meets the retirement conditions for the age limit;
  6. f) holding an eligible position within trade unions, employers’ organizations or non-governmental organizations, during the term of office;
  7. g) hiring pensioners who, in accordance with the law, can cumulate the pension with the salary;
  8. h) in other cases expressly provided by special laws or for the development of works, projects or programs.

         We emphasize that an individual fixed-term employment contract cannot be concluded for a period longer than 36 months.

If the individual fixed-term employment contract is concluded to replace an employee whose individual employment contract is suspended, the duration of the contract will expire upon termination of the reasons that led to the suspension of the individual employment contract of the incumbent employee.

The employee employed with an individual fixed-term employment contract may be subjected to a probationary period, which shall not exceed:

  1. 5 working days for a duration of the individual employment contract of less than 3 months;
  2. 15 working days for a duration of the individual employment contract between 3 and 6 months;
  3. 30 working days for a duration of the individual employment contract longer than 6 months;
  4. 45 working days in the case of employees employed in management positions, for a duration of the individual employment contract of more than 6 months

 

Employers are obliged to inform employees employed with a fixed-term employment contract about the vacancies or jobs that will become vacant, corresponding to their professional training, and to ensure their access to these jobs on equal terms with those employed with individual employment contract for an indefinite period.

This information is made through an announcement posted at the employer’s premises. Regarding employment and working conditions, employees with a fixed-term individual employment contract will not be treated less favorably than comparable permanent employees, only on the grounds of the duration of the individual employment contract, unless the different treatment is justified by reasons. objectives.

We mention that the comparable permanent employee represents the employee whose individual employment contract is concluded for an indefinite period and who carries out the same or a similar activity, in the same unit, taking into account the professional qualification / skills.

There are situations in which there is no employee with an individual employment contract concluded for an indefinite period comparable in the same unit. In this case, the provisions of the applicable collective labor agreement or, in its absence, the legal regulations in the field are taken into account.

MODEL C.I.M. – for determined period of work:

Individual employment contract (for determined period of work)

(concluded and registered under no. … / ……… in the General Register of Employees)

A. PARTS OF THE CONTRACT

Employer – legal / natural person …………….., with headquarters / domicile in ………………… ……., registered at the trade register / public administration authorities from ………………….. under no. ………………….., tax code ……………., telephone …………, fax …………….., authorized to carry out main activities with CAEN code …………… ………… legally represented by ……………., as …………… …, and the employee – Mr. ……………….., domiciled in the locality ………… ……., pp. …………………… no. ….., county ………………, holder of the identity card / passport series …….. no. ……., issued on ……….. on ……….., CNP (personal identification number)……….. ………., work permit series ………. no. …………… dated …………………, I have concluded this individual employment contract under the following conditions to which we agreed:

B. OBJECT OF THE CONTRACT:

The object of the contract is the performance by the employee of the corresponding work position / profession ………….., for and under the authority of the employer, under the conditions agreed by this contract

C. DURATION OF THE CONTRACT:

  1. The duration of the contract is determined, of ……… months, for the period between the date of ………….. and the date of …….. …….
  2. The reason for concluding the contract for the determined period is the following: ………………………………… ………………………………………….. …………………..

D. WORKPLACE

  1. The activity takes place at (section / workshop / office / service / compartment, etc.) ……………………… from the registered office / the employer’s place of work / other organized work ………………………
  2. In the absence of a permanent job, the employee will carry out the activity as follows: ………………………

E. THE TYPE OF WORK

Position / profession ………………………………. according to the Classification of occupations in Romania

F. JOB ATTRIBUTIONS

The duties of the job are provided in the job description, attached to the individual employment contract.

G. WORKING CONDITIONS

  1. The activity is carried out in accordance with the provisions of Law no. 31/1991.
  2. The activity performed is carried out in normal / special / special working conditions, according to Law no. 19/2000 regarding the public system of pensions and other social insurance rights, with the subsequent modifications and completions.

H. DURATION OF WORK

  1. A full time job, the duration of the working time being ……………… hours / day, ………. hours / week.
  2. a) The distribution of the work schedule is done as follows: …………. (hours day / hours night / unequal).
  3. b) The work schedule may be modified in accordance with the applicable internal regulations / collective labor agreement.
  4. A part time of ………. hours / day 8, ……… hours / week.
  5. a) The distribution of the work schedule is done as follows: ………….. (hours day / hours night).
  6. b) The work schedule may be modified in accordance with the applicable internal regulations / collective labor agreement.
  7. c) No additional hours will be performed, except in cases of force majeure or for other urgent works intended to prevent accidents or remove their consequences.

I. HOLIDAY

The duration of the annual rest leave is ………… 9 working days, in relation to the duration of work (full time, part time). De asemenea, beneficiaza de un concediu suplimentar de …………………

J. SALARY:

  1. Gross monthly basic salary: … lei
  2. Other constituent elements:
  3. a) bonuses ……………………;
  4. b) allowances …………..;
  5. c) other additions ……………
  1. Overtime worked outside the normal working hours or on non-working days or on public holidays is compensated with paid free hours or paid with a salary increase, according to the applicable collective labor contract or Law no. 53/2003 – Labor Code.
  1. The date / dates on which the salary is paid is / are …

K. RIGHTS AND OBLIGATIONS OF THE PARTIES REGARDING OCCUPATIONAL SAFETY AND HEALTH:

  1. a) personal protective equipment …………….;
  2. b) individual work equipment …………………..;
  3. c) hygienic-sanitary material ……………………;
  4. d) protective food …………………………………..;
  5. e) other rights and obligations regarding health and safety at work ………………

L. OTHER CLAUSES:

  1. a) the probationary period is …………………..;
  2. b) the notice period in case of dismissal is ………… working days, according to Law no. 53/2003

– Labor code or collective labor contract;

  1. c) the notice period in case of resignation is …….. calendar days, according to Law no. 53/2003

– Labor code or collective labor contract;

  1. d) in case the employee is to carry out his activity abroad, the information provided in article 18 paragraph (1) of Law no. 53/2003 – The labor code will also be found in the individual employment contract;
  2. e) other clauses: ……………………………………… …………………………………………

M. GENERAL RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. 1. The employee has, mainly, the following rights:
  2. a) the right to pay for the work performed;
  3. b) the right to daily and weekly rest;
  4. c) the right to annual leave;
  5. d) the right to equal opportunities and treatment;
  6. e) the right to safety and health at work;
  7. f) the right to professional training, under the conditions of the additional documents.
  1. The employee has, mainly, the following obligations:
  2. a) the obligation to carry out the work norm or, as the case may be, to fulfill the attributions incumbent on him according to the job description;
  3. b) the obligation to respect the work discipline;
  4. c) the obligation of fidelity towards the employer in the execution of the service attributions;
  5. d) the obligation to observe the occupational safety and health measures in the unit;
  6. e) the obligation to respect the secrecy of the service.
  1. The employer has mainly the following rights:
  2. a) to make mandatory provisions for the employee, subject to their legality;
  3. b) to exercise control over the manner of fulfilling the service tasks;
  4. c) to ascertain the commission of disciplinary offenses and to apply the corresponding sanctions, according to the law, the applicable collective labor contract and the internal regulations.
  1. 4. The employer has, mainly, the following obligations:
  2. a) to grant to the employee all the rights deriving from the individual labor contracts, from the applicable collective labor contract and from the law;
  3. b) to permanently ensure the technical and organizational conditions taken into account when elaborating the work norms and the corresponding working conditions;
  4. c) to inform the employee on the working conditions and on the elements regarding the development of the labor relations;
  5. d) to issue, upon request, all the documents attesting the quality of employee of the applicant;
  6. e) to ensure the confidentiality of the personal data of the employee.

N. FINAL PROVISIONS

The provisions of this individual employment contract are completed with the provisions of Law no. 53/2003 – Labor Code and of the applicable collective labor contract concluded at the level of the employer / group of employers / branch / national, registered under no. ……….. / ………….. at the General Directorate of Labor and Social Solidarity of the county / municipality ………… …………… / Ministry of Labor and Social Solidarity.

Any modification regarding the contractual clauses during the execution of the individual employment contract requires the conclusion of an additional act to the contract, according to the legal provisions.

O. CONFLICTS

in connection with the conclusion, execution, modification, suspension or termination of this individual employment contract are resolved by the court with material and territorial competence, according to the law.

The present individual employment contract has been concluded in two copies, one for each party.

EMPLOYER,                                                                  EMPLOYEE,

……………………………. …………………………

LEGAL REPRESENTATIVE,………………………………..

 

  • Legal basis:
  • Labor Code of 2003 (Law no. 53 of January 24, 2003) – republished, with subsequent amendments and completions;
  • https://www.inspectiamuncii.ro/