The Labour Inspectorate is running a campaign to raise awareness of the legal regulations in force. Here are some of the aspects that employers should take into account in order to ensure a good working relationship:
- The individual employment contract shall be concluded on the basis of the consent of the parties, in written form, in Romanian, at the latest on the day before the employee starts working. The employer is obliged to conclude the individual employment contract in written form and to hand a copy to the employee.
- Prior to the start of the activity, the individual employment contract shall be registered in the general register of employees, which shall be sent to the Territorial Labour Inspectorate at the latest on the day prior to the start of the activity.
- A person may be employed only on the basis of a medical certificate stating that he/she is fit for the job. Failure to do so renders the individual employment contract null and void.
- The probationary period takes place after the conclusion of the individual employment contract. Only one probationary period may be established during the performance of the employment contract. During or at the end of the probationary period, the employment relationship may be terminated only by written notice, without notice, at the initiative of either party, without giving any reason.
- Duration of working time:
o a full Norma – 8 hours a day (for 5 days) and 40 hours a week;
o Maximum duration – 48 hours per week, including overtime;
o Rest between two working days may not be less than 12 consecutive hours;
o Daily working time of 12 hours must be followed by a rest period of 24 hours.
- Overtime is work performed, with the employee’s consent, during the working week and is compensated by paid time off during the 90 calendar days following the work week. If it is not possible to compensate by paid time off, a bonus of at least 75% of the basic salary corresponding to the duration of the time off is compulsory.
- Night work is work performed between 22:00 and 6:00. Employers who frequently use night work are obliged to inform the Territorial Labour Inspectorate.
The weekly rest period is 48 consecutive hours, usually on Saturdays and Sundays. The weekly rest break may be granted on other days, in which case a bonus must be paid.
- The employer is obliged to keep a record of the hours worked by each employee at the workplace, with a record of the start and end of working hours.
Undeclared work is:
o The reception to work of a person without the conclusion of an individual employment contract in written form, the day before the start of the activity – is sanctioned with a fine of 20.000 lei for each person so identified;
o Receiving to work a person without submitting the employment report in the general register of employees at the latest on the day before the start of the activity – shall be sanctioned with a fine of 20,000 lei for each person so identified;
o Receiving an employee to work during the period when the individual employment contract is suspended – is punished with a fine of 20,000 lei for each person so identified;
o Receiving to work an employee exceeding the duration of the working time established in the individual part-time employment contracts – is sanctioned with a fine of 10,000 lei to 15,000 lei for each person so identified;
Undeclared work – means the granting of a net salary higher than the one established and evidenced in the payroll statements and in the monthly statement on the obligations to pay social security contributions, income tax and the nominal record of insured persons, sent to the tax authorities – is punishable by a fine of 8,000 lei to 10,000 lei for each employee identified in this situation.
- The breach by the employer of the obligation to pay the salary more than one month after the deadline set in the individual employment contract constitutes a misdemeanour and is punishable by a fine of 5,000 lei to 10,000 lei for each person who has not been paid the salary, except in the situation where the employer is subject to the Law no. 85/2014 on insolvency prevention and insolvency procedures, as amended and supplemented.