Labor law in Romania: 6 essential FAQs

Labor law in Romania: 6 essential FAQs

What is the normal work week in Romania?

The normal duration of a work week is 8 hours a day, 40 hours a week.

What are the conditions for dismissals and layoffs in Romania?

In order to prevent abusive termination practices, Romanian labor code requires specific and restrictive conditions for dismissal, which are:

  • If the company is in financial difficulty,
  • If the company is liquidated or dissolved,
  • If there are severe breaches to the provisions of the employment contract and breaches of employee obligations.

It is only necessary to give a 20 day notice when the worker to be dismissed is not the cause of the dismissal, such as in financial difficulties or dissolution of the company, for example.

When an employee resigns, the following notices apply:

  • 20 work days for employees occupying a non-directorship position
  • 45 work days for managers/directors.

How many paid vacation days are required by law in Romania?

The minimum number of paid vacation days is 21 work days per year, and is accorded between the employer and worker (of course, respecting the minumum 21 work days).

What are the laws on sick leave?

Sick leave is paid as follows:
Sick leave for severe diseases (cancer, etc.) are paid in their entirety,
Sick leave for non-severe illnesses (flu, etc.) are paid at 75% of the average 6 months salary prior to contracting the disease.

Paid sick days are paid by:

First by the employer, from the first day to the end of the fifth day of illness by all companies

Thereafter it is paid by health insurance (the day after the company's obligations cease). In practice, it is still the employer who continues to pay the employee and this amount is deducted from the amount paid to social security. 

Along the same lines are the rules on maternity leave:

  • Prenatal time off (63 calendar days) is paid at 85% of the average salary earned by the employee the 6 months prior to her time off.
  • Postnatal time off (63 calendar days) is paid at 85% of the average salary earned by the employee the 6 months prior to her time off.

Payment of maternity leave is paid by the national healthcare system. 

There is also the possibility of child care leave which allows one of the parents to stay with the child until 2 years of age. The contract is suspended during this period.

The indemnity for this period is payed entirely by the state.

What insurance is required for employees?

In addition to required insurance (social security, pensions, etc.), it is advisable to insure the company (and also the employees) for civil liabilities linked to the activities of the company.

How should work materials submitted to employees be handled (computers, etc.)?

When an employee is provided work materials, the receipt of said material and its condition is registered.

When the relationship between the company and employee terminates, the material must be returned to the employer. At this time, the final state of the material is registered.