Can you employ romanians

Start Hiring. Get an overview of what you need to know when hiring in Romania below. Good to know. Employees in Romania get at least 20 paid vacation days per year, of which an employee must take at least one unbroken period of ten working days of vacation each year.

All vacation days must be used during the year in which they are earned. The right to annual leave cannot be subject to any waiver, assignment, or limitation. Employers must pay employees a monthly stipend during the non-compete period.

There is no general statutory requirement for employers to make severance payments to employees whose employment is terminated. Employment in Romania. Working hours and overtime.

The maximum legal length of working time may not exceed 48 hours per week, including overtime. Employment contracts. Probationary period. Notice period. IP protection and non-compete agreements. Employment cost calculator. Holidays 01 Jan New Year's Day. Paid time off Vacation time. Employees are entitled to paid vacation leave of 20 working days per year.

Sick leave. Parental leave. Employer tax The breakdown of taxes for employers in Romania is as follows: Work insurance contribution: 2. Start hiring employees in Romania. Hire a team of A-players, wherever they work in the world. Romanian employment law is the product of constant changes made over the last years in order to establish equilibrium between the power of union organisations and the power of the employers.

This has proven a hard task. As a result, Romanian legislation has both pro-employee regulations, being one of the few that establishes the mandatory reinstatement of wrongfully dismissed employees, allowing the union federations to participate in collective negotiations at the company level, as well as pro-employer regulations limiting the right to strike for employees under collective agreements.

Lately, there have been a number of changes in the interpretation of employment law related legal provisions as a result of decisions taken by the High Court of Cassation and Justice, which issued rulings on working conditions, limiting the potential discrimination risk of specific legal provisions, especially regarding pension rights and working after the standard age for retirement, etc. Working hours, flexible schedules and overtime are still important issues that are raised, discussed and debated before the courts.

In , changes were made to the Labour Code regarding stricter rules in order to limit employee harassment and discrimination. The changes also include involving third party specialists in the negotiation process, in alternative forms of dispute resolution and disciplinary procedures.

Foreign citizens who are not EU or EEA citizens must obtain a work permit in order to perform activity as an employee. The work permit is issued by the Romanian Office for Immigration. As a rule, the work permit is issued for a one-year period.

The number of working permits issued every year is limited and is determined by the government. In , the maximum number of working permits that could be issued was the highest ever, with 30, new working permits made available. In order to hire an employee under Romanian law, the employer has to have a national legal entity. Romanian law can also apply to employment contracts conducted between foreign employers and local employees, if the parties so choose.

Employees of foreign companies can perform work in Romania based on their existing employment agreement, or can be dispatched to a Romanian company.

For certain positions such as technical ones an authorisation from a national authority , a degree or a certificate may be required. Individuals that do not hold the required authorisation, degree or certificate cannot be employed.

Medical approval for the potential employee is mandatory, prior to commencing employment and the absence of such approval can lead to the annulment of the employment contract. Individuals can be employed starting at the age of 16 15 with parental consent and only for jobs that are appropriate for an individual development. Individuals under the age of 15 cannot be employed. Private companies cannot conduct background checks, other than requiring information from the candidate and recommendations from previous employers.

They can however, ask the candidate to present a criminal record issued by the competent authorities. The employer has to ask the candidate for a medical certificate that ascertains that the candidate is medically fit to be employed, since his medical fitness prior to the signing of the agreement is an issue of the employment agreement's validity.

Public companies and public institutions can ask the candidate to present proof of not belonging to a political party, a proof of not being a former collaborator of the communist political police "Securitate" , fiscal information and other specific information that is relevant to the public company or institution.

There are limited legal provisions on hiring practices in Romania. The Labour Code states only that the employee has to be informed on the essential clauses of the individual employment agreement during the hiring procedure.

Recognised companies usually implement good practices in hiring personnel and use human resources specialists in order to select potential hires. As a rule, public institutions and companies have to organise such contests in order to select the employees. For public institutions there are specific rules on publishing the available jobs on their own website and in the Official Bulletin local or national editions.

The employer can ask for a CV and select only some of the candidates to meet with. As being submitted to common law, most of these disputes are assigned to lower courts, under the criteria of the value of the matter.

As for the dismissed employees, the Romanian Labor Code pro-vides a separate section on control and punishment of unlawful dismissals. As a result of these special provisions, the annulment of dismissal measures fall under the jurisdiction of specialized judges at higher courts.

There are also special rules of procedure regarding labor disputes, including overturning the legal burden of proof, so that the employer is the one that must prove the legality and validity of the dismissal, even if the claim comes from the employee.

These exceptions to common law are a consequence of the subor-dination relationship between employer and employee, which generates the need for additional protections to employees that are considered to be at a disadvantage. Regarding the restoration of the anterior situation — restitutio in integrum, as a result of a court ruling finding the unfairness of termination by the employer, the employee is provided with the legal right to be reintegrated and the right to receive damages equal to the wage indexed, actualized and updated and all other rights to which he would have received if he had not been dismissed, while for the independent contractors only com-mon law provisions apply in terms of damages.

The labor law provides a number of special cases of rightful termination of the individual employment contract, while civil contracts follow the common law rules for the rightful termination of contracts. Some cases of rightful termination of contracts operate in both individual employment contracts and civil contracts, such as the occurrence of the death of the individual provider of the activity — employee or independent contractor, or the death of the beneficiary — if the beneficiary is an individual, or the completion of the peri-od for which the contract was concluded.

On the other hand, there are some special cas-es of rightful termination of the individual employment contract, cases that do not apply to civil contracts. One such case is the rightful termination of the individual employment contract, in the event of a simultaneous fulfillment of standard age and minimum period of contribution conditions in the public pension system.

While independent contractors contribute — as a rule — to the public pension system, the civil contracts under which. Independent contractors are entitled to pension on demand, and the retirement does not have any effect on the existence of the civil contract.

For certain categories of professionals — such as lawyers — that contribute to their own pen-sion system, if they retire under their statute provisions, they no longer have the right to fully practice their profession.

Rules on collective dismissal and the protection of individuals in case of collective dis-missal only apply to employees. This is the case, not only because the legal provisions provide the legal frame only for the employees, but also because the individual contrac-tors negotiate and conclude civil contract on their own not as a collectivity of profession-als providing a specific activity.

In some specific industries and also in the public services there are some limitations in the use of independent contractors for specific activities. Also in public services the public institution can only use the work of public servants employees with a special Statute or employees for the main activity, with the possibility of contracting under civil law only for specific areas, such as lawyers for legal matters.

Some of the independent professions have special Statues that limit the activity of the professionals to only one type of activity.

For example, a lawyer as an independent pro-fessional cannot perform work under an employment contract aside from a few excep-tions, such as teaching activities in universities.

That is not the case for the employees that can usually perform work without limitations on what kind of activity they perform for more than one employer without limitations unless the employee agrees to an ex-clusivity clause. A contractual relationship exists between the initial employer and the beneficiary, while the employees continue the employment with the initial employer. Individual contractors have the liberty to conduct civil contracts with any beneficiary meaning that they will have contractual agreements with all the beneficiaries.

Individual contractors cannot be leased or seconded since they are not subordinated to any of their contractual partners. As stated for the employment contract there are legal provisions on the minimum con-tent and the form of such contract. Parties must negotiate at least the minimum clauses as stated by law having the possibility to add additional clauses according to their ne-gotiation. For the civil contracts there are only few general rules that apply, giving the parties a wider range of possibilities when negotiating such contracts.

For some specific independent professions there are regulated contracts that independent professionals need to use. The personnel provided will not gain the employee status at the beneficiary company and will not be in any contractual agreement directly with the beneficiary. In such case, there is no direct contractual relationship established between the beneficiary of the work performed and individuals that will perform the work.

A direct contractual relationship is established between the beneficiary and the entity that provides the per-sonnel.

The staff is paid by the entity that provides the personnel, while the beneficiary pays any negotiated amounts for the services provided by the entity. In such cases, the entity that provides personnel can be an employer for the leased employees, or just an intermediary for legally authorized individuals that will perform their activities for the beneficiary the intermediary chooses and in the terms the intermediary negotiates for them.

The work is performed by the personnel on behalf of the beneficiary, but in case the activities are not conducted as stated in the contract or requested by the beneficiary, being the fact that there is no contractual relationship between the beneficiary and the personnel that performs the activities, there is no direct action against the personnel, instead the beneficiary has a direct action against the entity that provides the personnel.

The personnel not being hired by the beneficiary, the latter is not bound by specific legal provisions of labor law, but by the contractual provisions that were negotiated with the entity, which provided the personnel and the general provisions of civil law common to all contractual relationships.

If the personnel is employed by the entity that contracted with the beneficiary, all special labor law provisions will apply between the personnel and their employer. In some areas, however, to avoid the use of under-qualified personnel for work under special conditions and in important fields that require rendering tasks with a high de-gree of risk by individuals who may not enjoy the special protection of employees, legal provisions prohibit service providing contracts for the activities the beneficiary is legally authorized to perform.

As stated earlier, civil contracts under which individual contractors provide independent activities and the service providing contracts between the beneficiary and an entity that provides personnel do not enjoy independent regulation under Romanian legislation so that they are governed by common law rules. For those aspects regarding individual employment contracts and employment relation-ships in general, not specifically regulated by labor law, the rules of common law will be used as well, as a result of the fact that the employment contract is a variety of civil contracts.