Romania
Maternity leave (case law)
Impact date: 24 December 2025 The High Court of Justice ruled on 20 October 2025 that, although the Labor Law does not explicitly list maternity leave as a ground for automatic suspension of the individual employment contract, it must be treated similarly to temporary incapacity for work. Maternity leave should therefore also be a case of automatic suspension of the individual employment contract, meaning that dismissal during this period is prohibited.
Employer implications/action needed No action is needed, as the suspension arises by law.
Employer risk A dismissal during the automatic suspension of the individual employment contract is automatically unlawful. The risks are reinstatement orders, back pay and damages, along with potential discrimination claims.
Link Decision link
Sick leave payment
Impact date: 1 February 2026 to 31 December 2027 A government emergency ordinance (91/2025) has entered into force which modifies how sick leave is paid by the employer.
Previously, the employer paid the sick leave allowance for days one-five, with the government covering the payment from day six. Under the new law, day one of absence becomes unpaid, the employer pays from days two-six, and the government covers the payment from day seven. In practice, the employer continues to pay these amounts but recovers them from the Romanian state through a reimbursement mechanism.
Additionally, a new provision introduces the possibility for the National Health Insurance House (CNAS) to verify the legality and validity of medical leave certificates. If a certificate is found to be unlawfully issued, the employee loses the right to sick leave allowance.
Employer implications/action needed Employers should adjust internal systems, policies and payroll processes to reflect the new rules.
Employer risk Employers must fund sick‑leave allowances for days two-six, increasing short‑term payroll costs compared with the previous regime.
Link Law link
Compensation for work performed on weekly rest days (case law)
Impact date: 5 February 2026 Employees are entitled to 48 consecutive hours of weekly rest. An exception applies where weekly rest cannot be given each week and is instead granted cumulatively at the end of a continuous period not exceeding 14 days. This exception applies only if the employer has prior authorization from the labour inspectorate, trade union or employee representatives approve, and the employee receives 150% pay (double the overtime allowance).
A High Court of Justice ruling on 24 November 2025 narrows and clarifies the circumstances in which employers must pay the 150% premium for work on weekly rest days. The court emphasized that the 150% enhanced compensation applies strictly and only when all exceptional‑regime conditions are fulfilled. Ordinary weekend work performed on weekly rest days does not automatically entitle the employee to 150%; the standard regime applies unless the employer satisfies the strict requirements for continuous activity.
Employer implications/action needed Employers must ensure they apply the strict weekend‑work rules, granting same‑week compensatory rest and using the 150% premium only where all exceptional continuous‑activity conditions are legally met.
Employer risk Mis-applying the 150% premium or failing to meet the strict legal conditions for weekend work can lead to claims for unpaid compensation, fines from the labour inspectorate, and challenges for breaching weekly‑rest obligations
Link Decision link
Paid time off for endometriosis
Impact date: Awaited, pending procedure. A draft law proposes that women diagnosed with endometriosis which has been medically certified as a chronic condition, should be entitled (upon request and based on a doctor’s recommendation) to up to one paid day off per month during their menstrual period.
The leave would be considered seniority for employment purposes (i.e. it adds to the employee’s length of service) and the cost would be initially covered by the employer through the salary fund. The employer would be partially reimbursed from the budget of the National Unique Health Insurance Fund, subject to the conditions to be established.
Employer implications/action needed If the law is passed, employers would be required to grant the paid day off where eligibility conditions are met.
Employer risk Penalties or specific risks have not yet been legislated.
Link Draft law
Preventing burnout at work
Impact date: Awaited, pending procedure.
A draft law seeks to regulate the prevention of professional burnout by requiring employers to address psychosocial risks in the workplace.
Employers would need to inform employees annually about burnout risks, and integrate psychosocial risks into their internal risk assessments.
For employers with more than 50 employees, the draft introduces additional obligations: preparing an annual burnout‑prevention plan, conducting psychosocial risk evaluations, and creating a confidential reporting mechanism that protects employees from any negative consequences for raising burnout‑related concerns. Employers may also choose to offer paid professional‑recovery leave through internal policies.
Employer implications/action needed The proposed law would increase employers’ compliance obligations. These measures will increase administrative workload, require specialist assessments, and may generate additional cost for designing, implementing, and maintaining these processes.
Employer risk Employers may face greater exposure to workplace disputes and employee claims, particularly relating to alleged retaliation and potential claims arising from failure to properly assess psychosocial risks or failure to act on issues reported through the confidential mechanism.
Link Draft law
Preventing workplace violence and harassment
Impact date: Awaited, pending procedure. A draft law proposes an amendment to the Occupational Safety Law no. 319/2006 introducing a new paragraph requiring employers to prevent all forms of violence and harassment at work.
The draft law would require employers to develop, in consultation with trade unions or employee representatives, a workplace policy with a confidential reporting mechanism, to integrate violence and harassment prevention and psychosocial risk management into safety measures, to identify and assess risks including those from third parties and take preventive and protective actions, and provide workers with accessible training and information on the risks, prevention measures, and their rights and responsibilities under the policy.
Employer implications/action needed Employers would be required to implement a comprehensive workplace policy to prevent violence and harassment, assess and mitigate related risks, provide training, and ensure confidential reporting and ongoing protection for all workers.
Employer risk Non-compliance with the obligations would be sanctioned with a fine between RON 3,500 to 7,000 (approx. €700 to €1,400).
Link Draft law
Pensions
Impact date: Awaited, pending procedure. A draft law proposes an amendment to the Pensions Law no. 360/2023 in order to state that age-limit pension (i.e. the standard retirement pension) is granted to individuals who meet both the standard retirement age and the minimum contribution period. Receiving and exercising the right to a pension is no longer conditional on terminating or suspending employment, and continuing to work after retirement cannot lead to the suspension, limitation, or withdrawal of the pension.
Employer implications/action needed N/A
Employer risk N/A
Link Draft law
Reduction of retirement age for night work
Impact date: Awaited, pending procedure. A draft law proposes that individuals who performed night work, as defined by the Labour Code, are entitled to an age-limit pension with a reduced standard retirement age. The retirement age is reduced by one day for every 24 hours of accumulated night work, but not below 60 years of age.
Employer implications/action needed N/A
Employer risk N/A
Link Draft law
Paid leave for victims of domestic violence
Impact date: Awaited, pending procedure. A draft law proposes to introduce a new provision granting employees 10 paid days off if they or their minor child are victims of domestic violence, rape, or sexual assault.
The leave may be used for emotional recovery, accessing psychological, medical or legal services, or taking necessary steps to address the effects of the incident. The leave may be taken in instalments. Employers may request proof within 20 days of the employee’s return to work and must ensure strict confidentiality of any related data and documents.
Employer implications/action needed N/A
Employer risk N/A
Link Draft law
Enhanced protection against workplace harassment and violence
Impact date: Awaited, pending procedure. Proposed amendments strengthen workplace protections by requiring employers to take action where an employee faces an imminent and serious risk to life, health or safety due to workplace violence or harassment. Employers may temporarily modify the employee’s duties or location with their consent to ensure safety, or, if this is not possible, provide paid leave. Additionally, employers are required to designate at least one employee whose job description includes responsibilities for preventing workplace harassment and violence.
Employer implications/action needed The proposed changes increase employer responsibility to prevent workplace violence and harassment, requiring employers to strengthen policies, reporting mechanisms and victim‑protection procedures.
Employer risk Failure to protect victims of workplace violence or harassment or to grant the required paid leave in cases of imminent danger is subject to administrative fines of RON 30,000 to 50,000 (approx. €6,000 to €10,000).
Link Draft law
Contact

© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.
