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Framework model of individual employment contract

Today was published in the Official Gazette no. 1180 the framework model of the individual employment contract.

It contains the amendments made by Law 283/17.10.2022.

 

INDIVIDUAL EMPLOYMENT CONTRACT

concluded on ………………. and registered in the general employee register

 with no. ………. dated ………………..

 

A.    Parties to the contract

Employer – legal entity/physical person ……………………….., with registered office/domicile in ……………………………, registered in the trade register in ………………., with number ……………….., tax code …………….., telephone ……………, e-mail ……………, legally represented by Mr/Mrs …………………., as administrator,

and

Employee – Mr/Mrs ………………….., domiciled in ……………………………, e-mail……………., holder of identity card/passport series ………, no. …………., issued by …………………, on the date of ………………, CNP …………………, work authorization/work residence permit series ……….. no. ……………. dated ……………………….,

 

I have entered into this individual employment contract under the following conditions to which we have agreed:

 

Subject matter of the contract: Work performance and salary payment.

 

  1. Contract duration:
  1. a) indefinite, the employee ……………….., starting work on …………………..
  2. b) fixed, for ……………. days/weeks/months, starting on ………….. and ending on ………………., in accordance with

    article 83 letter ……………. of Law 53/2003 – Labour Code, republished, with subsequent amendments and

    additions/special regulations, i.e.

 

  1. Probation period:
  1. a) duration of ………………………. calendar/working days, in the case of a fixed-term individual employment contract;
  2. b) the conditions of the probationary period (if any) ………………………..

 

D.   Place of work:

  1. 1. The work is carried out at ……………………. (home/department/workshop/bureau/department/department etc.),

    from the employer’s registered office/workplace/other organised workplace ……………………………………. .

  1. 2. In the absence of a fixed place of work, the employee will work as follows:

…………………………… (in the field/customer premises/geographical area ………………….., group of units etc.).

In this case the employee will benefit from:

  1. a) additional benefits …………….. (in cash or in kind);
  2. b) transport insurance/ reimbursement by the employer ………………. (where applicable).

 

E.    Kind of work:

Function/Occupation: ………………………, according to the Romanian Classification of Occupations (COR Code…………).

 

F.    Duration of working time and its distribution:

 

  1. 1. Full time, normal working hours are ……. hours/day and/or ….. hours/week.
  2. a) The distribution of working hours is as follows: on …………………. days, between ……………… or ……………. hours

    (unequal/shifts/flexible/individualized, etc.): ………………………………

  1. b) Normal working hours may be modified in accordance with the applicable internal regulations/collective labour

    agreement.

 

  1. A part time of …………. hours/day, …….. hours/week, ………. hours/month.
  2. a) The distribution of normal working hours is as follows: on …………………. days, between ……………… or …………..

……………. hours (unequal/shifts/flexible/individualized, etc.): …………………………….

  1. b) Working hours may be modified in accordance with the applicable internal regulations/collective labour agreement.
  2. c) No overtime will be worked, except in cases of force majeure or for other urgent work to prevent accidents or to

   mitigate their consequences.

 

G.   Leave:

The duration of the annual rest leave is …………….. working days, in relation to the period worked.

They also benefit from an additional leave of ………. working days.

 

H.   Salary:

  1. 1. Salary:
  2. 1. Basic gross monthly salary: ……. lei.
  3. 2. Other constituent elements:
  4. a) bonuses: ……………………………………………………….;
  5. b) allowances …………………………………………………….;
  6. c) additional cash benefits: …………………………………….;
  7. d) arrangements for additional benefits in kind …………..;
  8. e) other allowances: ……………………………………………..
  9. 3. Overtime worked by full-time employees outside normal working hours shall be compensated with paid time off within 90 calendar days after the overtime, according to the applicable collective labour agreement or Law no. 53/2003 – Labour Code, republished, as amended and supplemented. If compensation through paid time off is not possible, overtime worked outside normal working hours will be paid with a salary supplement in the amount of …………………..
  10. 4. Work performed on public holidays, as well as on paid days off established by applicable normative acts/collective labour contracts shall be compensated with paid time off or with a salary supplement, according to the applicable collective labour contract or Law no. 53/2003 – Labour Code, republished, with subsequent amendments and additions.
  11. 5. The date(s) on which the salary is paid is/are: ……………
  12. 6. Method of payment:……………………………………………..
  1. Other clauses:
  1. a) the notice period in case of dismissal is …………. working days, according to Law no. 53/2003 – Labour Code,

    republished, with subsequent amendments and additions, or the applicable collective labour agreement, as the case

    may be;

  1. b) the notice period in case of resignation is ………… working days, according to Law no. 53/2003 – Labour Code,

    republished, with subsequent amendments and additions, or the applicable collective labour agreement;

  1. c) if the employee is going to work abroad, the information provided for in Article 18 paragraph (1) of Law no. 53/2003

    – Labour Code, republished, as amended and supplemented, shall be included in the individual labour contract;

  1. d) other clauses…………………………………………………………

 

J.    Duties of the post:

The duties of the post are set out in the job description attached to the individual employment contract.

 

  1. Job-specific risks

The job-specific risks of injury and occupational illness are set out in the workplace/job risk assessments and the occupational risk factor identification sheet.

 

  1. Criteria for evaluating the employee’s professional activity:……………………..

 

      M The procedure for the use of electronic signatures, advanced electronic signatures and qualified electronic signatures is as follows: ………………………, in accordance with the provisions of the applicable

 regulations/ internal rules/ collective labour agreement.

 

 

 

  1. Vocational training

Vocational training takes place under the following conditions: ………………………………. in accordance with the provisions of the applicable normative acts/internal regulations/collective labour agreement.

 

  1. Working conditions:

The activity is carried out under normal/ hazardous/ special work conditions, in accordance with the legal provisions.

 

  1. Rights and obligations of the parties regarding occupational safety and health:
  1. a) personal protective equipment ……………..;
  2. b) individual work equipment …………………..;
  3. c) sanitary materials ……………………………..;
  4. d) protective food …………………………………;
  5. e) other rights and obligations concerning health and safety at work ………………………………. .

 

  1. General rights and obligations of the parties:
  1. 1. The employee has the following main rights:
  2. a) the right to remuneration for work done;
  3. b) the right to daily and weekly rest;
  4. c) the right to annual rest leave;
  5. d) the right to equal opportunities and equal treatment;
  6. e) the right to health and safety at work;
  7. f) the right to vocational training;
  8. g) other obligations laid down by law or applicable collective agreements, as appropriate.

 

  1. 2. The employee shall have the following main obligations:
  2. a) the obligation to perform the work or, as the case may be, the duties assigned to him/her in accordance with the

    job description;

  1. b) the obligation to respect work discipline;
  2. c) the obligation of loyalty to the employer in the performance of the duties of the job;
  3. d) the obligation to comply with occupational health and safety measures in the unit;
  4. e) the obligation to respect the confidentiality of information and documents used in the performance of duties;
  5. f) the obligation to join a privately administered pension fund, in accordance with the provisions of Article 30 of Law

   No. 411/2004 on privately administered pension funds, republished, with subsequent amendments and additions.

 

  1. The employer has the following main rights:
  2. a) to determine the job duties and working hours for each employee;
  3. b) to issue binding provisions for the employee, subject to their legality;
  4. c) to exercise control over the performance of work duties;
  5. d) to ascertain the occurrence of disciplinary offences and to apply the appropriate sanctions, in accordance with the

    law, the applicable collective labour agreement and the internal regulations;

  1. e) to establish the employee’s individual performance objectives, as well as the criteria for evaluating their

    achievement;

  1. f) to support the private medical insurance, the additional contributions to the employee’s voluntary pension or

   occupational pension, according to the law, as the case may be;

  1. g) grant any other rights established as a result of the employee’s professional activity.

 

  1. 4. The employer is mainly responsible for the following obligations:
  2. a) to provide the employee with a copy of the individual employment contract prior to the commencement of

    employment;

  1. b) to set up the general register of employees and to make the entries provided for by law;
  2. c) to grant the employee all the rights deriving from the individual labour contracts, the applicable collective labour

    contract and the law;

  1. d) to permanently ensure the technical and organizational conditions considered in the elaboration of the work rules

    and the appropriate working conditions;

  1. e) to inform the employee on the working conditions and on the elements concerning the development of labour

    relations;

 

 

  1. f) inform the employee about the obligation to join a privately managed pension fund, in accordance with the law;
  2. g) to issue a document attesting the applicant’s status as an employee, namely the activity carried out by the

    applicant, the duration of the activity, the salary, the seniority in work, in the profession and specialty or an extract

    from the general register of employees, dated and certified for conformity;

  1. h) ensure the confidentiality of the employee’s personal data.

 

  1. Final provisions
  1. 1. Level at which the applicable collective agreement was concluded (e.g. units/group of units/industry sector) ………………. .
  2. 2. The provisions of this individual employment contract shall be supplemented by the provisions of Law no. 53/2003 – Labour Code, republished, with subsequent amendments and additions, and the applicable collective labour agreement, as referred to in point 1.

 

    Any modification of the contractual clauses during the execution of the individual labour contract requires the conclusion of an addendum to the contract, in accordance with the legal provisions, prior to the occurrence of the modification, except in situations where such modification is expressly provided for by law or in the applicable collective labour contract.

 

  1. Conflicts in connection with the conclusion, execution, modification, suspension or termination of this individual employment contract may be settled both amicably by conciliation procedure and by the court of material and territorial jurisdiction, according to the law.

 

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

 

 

 

 

 

 

Employer,                                                                               Employee, ………………………………

………………………………                                                           Signature …………….……………..….

 

Legal representative,                                                           

  …………………………..                                                                     

 

I received a copy ……………………..

Signature ……………………………….

Date……………………………………….