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Romania: Employee rights

Original and updating authors: Delia Paceagiu and Luminita Dima
Consultant editor: Raluca Dimitriu

Summary

  • Normal daily and weekly working hours, maximum weekly hours, overtime, night work and working time flexibility are subject to various rules and restrictions. (See Hours of work)
  • Employees are entitled to daily rest breaks, and minimum daily and weekly rest periods. (See Rest breaks and rest periods)
  • Employees must usually be granted their statutory two-day weekly rest period on Saturday and Sunday. (See Weekend work)
  • Employees are entitled to a statutory minimum of 20 working days of paid annual leave. (See Holiday and holiday pay)
  • Pregnant employees are entitled to 18 weeks of maternity leave (during which they receive a state benefit) and have various other rights, as do new and adoptive mothers. (See Maternity and pregnancy rights)
  • Employees are generally entitled to take parental leave (receiving a state benefit for all or part of the leave) until their child's second birthday. (See Parental leave)
  • Male employees are entitled to five working days of paid paternity leave on the occasion of their child's birth. (See Paternity leave)
  • Employees are entitled to take adoption leave (during which they receive a state benefit) up to a maximum of 52 weeks. (See Adoption leave)
  • Employees are entitled to take leave (during which they receive a state benefit) to care for a sick child. (See Carer's leave)
  • Employees are entitled to paid leave on the occasion of "special family events" and unpaid leave to deal with personal matters. (See Other leave)
  • Part-time employees must receive equal treatment with comparable full-time employees. (See Part-time workers)
  • Fixed-term contracts are permitted only in certain circumstances and must not generally have a term of more than 36 months. (See Fixed-term workers)
  • Temporary agency workers are entitled to receive at least the same pay and basic employment conditions as the direct employees of the user company where they are assigned. (See Temporary agency workers)
  • Employees who are posted temporarily to work in Romania are, for the duration of their posting, covered by various provisions of Romanian employment law. (See Posted workers)
  • In the event of the transfer of an undertaking, all rights and obligations under employment contracts and relationships automatically transfer to the new employer. (See Transfers of undertakings)
  • In the event of the employer's insolvency, employees' pay-related claims receive priority and are guaranteed by a statutory fund, up to a limit. (See Insolvency of employer)
  • Disciplinary offences, sanctions and procedures are regulated by statute. (See Disciplinary sanctions)
  • Employers are required to have in place a set of binding internal regulations, dealing with specified issues. (See Internal regulations)
  • Legislation on the protection of personal data applies in the employment context. (See Data and privacy protection)