Romania
Employees with more than one job
Impact date: Awaited, pending procedure. When signing an individual employment contract or in the event of a change in working hours, an employee who has concluded several individual employment contracts is required to declare, on their own responsibility (i.e. with personal accountability and without needing external verification at the time of signing), the existence of other individual employment contracts concluded with public institutions and authorities. This is part of efforts to ensure transparency and avoid conflicts of interest, especially in the public sector.
Employer implications/action needed Employers should monitor the progress of the draft law.
Employer risk N/A
Bigger fines for undeclared work
Impact date: Awaited, pending procedure. The hiring of one or more people without concluding an individual employment contract will be sanctioned with higher fines. It is proposed that the fine will be between 40,000 RON (approx. €7,800) and 1,000,000 RON (approx. €200,000). Currently, the amount of the fine is between 20,000 RON (approx. €4,000) and 200,000 RON (approx. €40,000).
Employer implications/action needed Employers should monitor the progress of the draft law.
Employer risk N/A
Link Draft law link
New types of individual employment agreement
Impact date: Awaited, pending procedure. A draft law has proposed two new types of individual employment agreement:
- “At request” agreements: where, for specific types of work, the employee provides their services at the employer’s request, on the days and basis determined by the employer. The employee must be paid a salary corresponding to at least 32 working hours per month. This type of employment agreement would only be available to those working in agriculture; hunting (and related areas); the organizing of exhibitions, fairs and congresses, publicity and other leisure activities
- Individual employment agreements with several employers: where the employee performs work for several employers, carrying out the same type of activity and duties. This type of agreement would only be available to employers within the same group of companies
Employer implications/action needed No action needed at this time, although employers should monitor the progress of the draft law.
Employer risk N/A
New regulations for workers with disabilities
Impact date: Awaited, pending procedure. A law project has been proposed by the Romanian Ministry of Labour and Social Protection with respect to the working schedule of people with disabilities.
Currently, the law includes provision for workers with disabilities to work reduced hours (less than eight hours per day) without a reduction in salary. The draft law seeks to regulate the right of disabled employees to receive full salary, including a requirement for proof of disability and a medical recommendation to work reduced hours. Working hours may be reduced by a maximum of four hours per day in the case of severe disability or by a maximum of two hours per day in the case of pronounced disability.
Employer implications/action needed Employers should monitor the progress of the proposed law project. Policies and processes may need to be updated to require proof of disability and medical support for reduced hours.
Employer risk N/A
Professional training coupons
Impact date: Awaited, pending procedure Professional training must be provided by employers at regular intervals according to the provisions of the Labour Code. A draft law proposes a State aid scheme for employers for the purpose of facilitating employee participation in professional training programs. The mechanism consists of granting employers a determined number of coupons with a certain value, depending on the number of employees and the type of professional training provided, which will cover the employer’s expenses in observing the training obligation.
Employer implications/action needed No action needed at this time, although employers should monitor the progress of the draft law.
Employer risk N/A
Birthday leave
Impact date: Awaited, pending procedure A draft law proposes a new right to a paid day off on the occasion of an employee’s birthday.
Employer implications/action needed Employers should monitor the progress of the proposed draft law. Currently, the proposal does not provide details of the manner in which the extra day off will be granted, including how the leave will be treated if the employee’s birthday falls on a non-working day or on a public holiday.
Employer risk N/A
Links Draft law link; Romania Senat link
Compensatory measures for employers for public holidays
Impact date: Awaited, pending procedure Draft laws propose that:
- Private sector employers will receive compensatory measures, such as tax facilities, deductions, compensation or other similar fiscal measures, to mitigate the extra expenses incurred where additional public holidays are implemented and
- Employers will be allowed to claim reimbursement of the pay granted to employees who work on the public holidays regulated by the Labour Code. Employers would need to submit a request for reimbursement to the Territorial Workforce Authority, accompanied by an affidavit and a list of employees who have worked on the respective public holidays
Employer implications/action needed Employers should monitor the progress of the draft laws.
Employer risk N/A
Amendments to the Labour Code
Impact date: Awaited, pending procedure A draft law proposes amendments to the Labour Code, including the possibility to have reduced daily and weekly rest and the elimination of the right to at least ten consecutive days of uninterrupted annual leave. The draft law also includes provisions on overlapping work schedules and compensation for overtime through paid time off over a longer period than the law currently provides.
Employer implications/action needed Employers should monitor the progress of the draft law and, where necessary, update their internal regulation to take account of these pending changes.
Employer risk N/A
Links Draft law link; Romania Senat link
Bank Holidays
Impact date: Awaited, pending procedure A draft law provides that if bank holidays fall in the regular weekly rest days (i.e., Saturdays and Sundays), employees will receive paid leave on the following working days.
Employer implications/action needed No action needed at this time.
Employer risk N/A
Links Draft law link; Romania Senat link
Suspension of the labor contract
Impact date: Awaited, pending procedure A draft law proposes that if an employee has been prosecuted as a result of a complaint made by the employer, the individual employment contract may be suspended.
Employer implications/action needed Employers should monitor the progress of the draft law.
Employer risk N/A
Extension of telework rights
Impact date: Awaited, pending procedure A draft law proposes that employees who have a child with disabilities up to the age of 18 are entitled to eight days of telework/work from home per month. According to the draft law, if an employee has twins or triplets or at least two children with disabilities, they will be entitled to receive two extra days of telework/work from home for each child. The child’s disability is proven by a medical certificate.
Employer implications/action needed Employers should monitor the progress of the draft law.
Employer risk N/A
Mandate contracts
Impact date: Awaited, pending procedure Emphasizing the importance of recognizing and rewarding long service, a draft law proposes that work performed under a mandate contract (i.e. a legal agreement where one party (the mandator) assigns another party (the mandatary) to perform certain tasks or services on their behalf) should count towards employment seniority.
Employer implications/action needed Employers should monitor the progress of the draft law.
Employer risk N/A
Links Draft law link, Pl-x nr. 468/2024
Health and safety
Impact date: Awaited, pending procedure A draft law proposes that employers must ensure regular mental health assessments for workers at risk of occupational exhaustion, conducted by the occupational doctor.
Employer implications/action needed Employers should monitor the progress of the draft law.
Employer risk N/A
New obligations on preventing harassment at the workplace
Impact date: Awaited, pending procedure A draft amendment to the Labor Code was proposed to strengthen regulations on preventing and combating workplace violence and harassment.
The amendments include:
- broader definitions of violence and harassment
- the obligation that at least one employee must be assigned responsibilities for preventing harassment and violence, through job description,
- expanded employer obligations to mitigate related risks, etc.
Employer implications/action needed Once in force, employers must inform, instruct, and train all employees, including volunteers and job candidates on the identified dangers and risks of violence and harassment and the associated prevention and protection measures. Employers should also update internal regulations to include specific rules on preventing and combating violence and harassment at the workplace.
Employer risk Failure by the employer to take the necessary measures in order to protect victims may result in fines of 5,000–10,000 RON.
Link Draft law link
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