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The importance of employment law advice

Accessing legal advice services specialized in labor law is essential for employers and employees. These services provide assistance in drafting employment contracts, managing disputes and enforcing legislation. The team of experts aims to protect customers' rights by facilitating the resolution of work-related issues. Through personalized advice, clients can avoid conflicts and improve labor relations, thus contributing to a healthy professional environment.

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Labor law consulting is a reliable ally for those who want to navigate labor law efficiently.

Labour Code 2025 updated

Fragment:

CHAPTER II Fundamental principles

ART. 5.

(1) The principle of equal treatment for all employees and employers shall operate within the labor relations.

(2) Any direct or indirect discrimination against an employee, based on sex, sexual orientation, genetic characteristics, age, national origin, race, color, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union membership or activity, is prohibited.

(3) The acts and facts of exclusion, distinction, restriction or preference, based on one or more of the criteria provided in para. (2), which have the purpose or effect of not granting, restricting or removing the recognition, use or exercise of the rights provided for in the labor legislation.

(4) Acts and facts apparently based on criteria other than those provided for in para. (2), but which produce the effects of direct discrimination.

ART.6.

(1) Any employee who performs work benefits from working conditions appropriate to the activity carried out, social protection, safety and health at work, as well as respect for his dignity and conscience, without any discrimination

(2) All employees who perform work are recognized the right to collective bargaining, the right to the protection of personal data, as well as the right to protection against unlawful dismissals.

(3) For equal work or work of equal value, any discrimination based on sex with regard to all elements and conditions of remuneration shall be prohibited

ART. 8.

(1) Labor relations are based on the principle of consensuality and good faith.

(2) For the proper conduct of the labor relations, the participants in the labor relations shall inform and consult each other, under the conditions of the law and of the collective labor agreements.

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ART. 36. Foreign citizens and stateless persons may be employed under an individual employment contract on the basis of a work permit or residence permit for work purposes, issued in accordance with the law.

CHAPTER II Execution of the individual employment contract

ART.37. The rights and obligations regarding the labor relations between the employer and the employee are established according to the law, through negotiation, within the collective labor agreements and individual labor contracts.

ART 38. Employees cannot renounce the rights recognized by law. Any transaction that seeks to renounce the rights recognized by law to employees or to limit these rights is null and void.

ART. 39. RIGHTS OF THE EMPLOYEE

a) the right to remuneration for the work performed;

b) the right to daily and weekly rest;

c) the right to annual leave;

d) the right to equal opportunities and treatment;

e) the right to dignity at work;

f) the right to safety and health at work;

g) the right to access professional training;

h) the right to information and consultation;

i) the right to take part in the determination and improvement of working conditions and the working environment;

j) the right to protection in case of dismissal;

k) the right to collective and individual bargaining;

l) the right to participate in collective actions

m) the right to form or join a trade union;

m1) the right to request the transfer to a vacant position that provides more favorable working conditions if he/she has completed his/her probationary period and has been with the same employer for at least 6 months;

n) other rights provided by law or by applicable collective labour agreements

(2) The employee is mainly responsible for the following obligations

a) the obligation to perform the work norm or, as the case may be, to perform the duties incumbent on him according to the job description;

b) the obligation to comply with labor discipline;

c) the obligation to comply with the provisions contained in the internal regulations, in the applicable collective labor agreement, as well as in the individual labor contract;

d) the obligation of fidelity to the employer in the execution of the job duties;

e) the obligation to comply with the occupational health and safety measures in the unit;

f) the obligation to respect the secrecy of service;

g) other obligations provided by the law or by the applicable collective labour agreements

ART.40. EMPLOYER'S RIGHTS

(1) The employer shall have the following rights:

a) to establish the organization and functioning of the unit;

b) to establish the attributions corresponding to each employee, under the conditions of the law;

c) to issue mandatory provisions for the employee, subject to their legality;

d) to exercise control over the manner in which the service tasks are performed

e) to ascertain the commission of disciplinary offences and to apply the appropriate sanctions, according to the law, the applicable collective labour agreement and the internal regulations;

f) to establish the individual performance objectives, as well as the criteria for evaluating their achievement.

(2) The employer is mainly responsible for the following obligations:

a) to inform the employees about the working conditions and about the elements regarding the performance of the labor relations;

b) to permanently ensure the technical and organizational conditions taken into account when developing the labor norms and the appropriate working conditions;

c) to grant the employees all the rights deriving from the law, from the applicable collective labor agreement and from the individual labor contracts;

d) to periodically communicate to the employees the economic and financial situation of the unit, except for sensitive or secret information, which, by disclosure, is likely to prejudice the activity of the unit. The periodicity of communications is established by negotiation in the applicable collective labor agreement;

e) to consult with the trade union or, as the case may be, with the employees' representatives regarding decisions likely to substantially affect their rights and interests;

f) to pay all the contributions and taxes for which it is responsible, as well as to withhold and transfer the contributions and taxes owed by the employees, under the conditions of the law

g) to establish the general register of employees and to operate the records provided by law

h) to issue, upon request, all documents attesting to the applicant's status as an employee;

i) to ensure the confidentiality of employees' personal data.

j) to respond reasoned, in writing, within 30 days from the receipt of the employee's request, provided for in art. 39 para. (1) letter m1).

ART. 45.

The secondment is the act by which the temporary change of the place of work is ordered, from the employer's disposal, to another employer, in order to perform works in his interest. Exceptionally, the type of work can also be changed by posting, but only with the written consent of the employee.

ART.46.

(1) The secondment may be ordered for a period of no more than one year.

(2) Exceptionally, the period of posting may be extended for objective reasons that require the presence of the employee at the employer to whom the posting was ordered, with the agreement of both parties, every 6 months.

(3) The employee may refuse the secondment ordered by his employer only exceptionally and for solid personal reasons.

(4) The posted employee has the right to the payment of transport and accommodation expenses, as well as to a posting allowance, under the conditions provided by the law or by the applicable collective labor agreement.

ART.47.

(1) The rights due to the posted employee shall be granted by the employer to whom the posting was ordered.

2) During the posting, the employee benefits from the rights that are more favorable to him, either from the rights from the employer who ordered the posting, or from the rights from the employer to whom he is posted.

3) The posting employer has the obligation to take all necessary measures so that the employer to whom the posting was ordered to fully and on time fulfills all its obligations towards the posted employee.

4) If the employer to whom the posting was ordered does not fully and on time fulfill all its obligations towards the posted employee, they will be fulfilled by the employer who ordered the posting.

5) If there is a divergence between the two employers or neither of them fulfills its obligations according to the provisions of para. (1) and (2), the posted employee has the right to return to his or her workplace from the employer who posted him, to take action against either of the two employers and to request the forced execution of the unfulfilled obligations.

ART. 48

The employer may temporarily change the place and type of work, without the employee's consent, and in case of force majeure, as a disciplinary sanction or as a measure of protection of the employee, in the cases and under the conditions provided by this Code.

ART. 50.

The individual employment contract is suspended by law in the following situations:

a) maternity leave;

b) leave for temporary incapacity for work;

c) quarantine;

d) the exercise of a function within an executive, legislative or judicial authority, throughout the term of office, unless otherwise provided by law;

e) fulfilling a salaried management position in the trade union;

f) force majeure

g) if the employee is remanded in custody, under the terms of the Code of Criminal Procedure;

h) from the date of expiry of the period for which the approvals, authorizations or attestations necessary for the exercise of the profession were issued. If within 6 months the employee has not renewed the approvals, authorizations or certificates necessary for the exercise of the profession, the individual employment contract shall terminate by right;

i) in other cases expressly provided for by law.

ART. 51.

1.The individual employment contract may be suspended at the employee's initiative, in the following situations:

a) parental leave for a child up to 2 years of age or, in the case of a disabled child, until the age of 3;

b) leave for the care of a sick child up to 7 years of age or, in the case of a disabled child, for intercurrent diseases, until the age of 18;

c) paternity leave;

d) leave for professional training;

e) the exercise of elective functions within the professional bodies established at central or local level, throughout the term of office;

f) participation in the strike.

g) accommodation leave.

h) carrying out, on the basis of a contract concluded under the law, a specific activity as a foster carer, personal assistant of the person with severe disability or professional personal assistant.

2. The individual employment contract may be suspended in the event of unjustified absences of the employee, under the conditions established by the applicable collective labor agreement, the individual employment contract, as well as by the internal regulations.

3. The rights acquired by the employee prior to the moment of granting the leaves provided for in para. (1) and to art. 1521 or to the absence from work under the conditions provided for in art. 1522 shall be maintained throughout the duration of the leave, respectively of the period of absence.

ART.52.

(1) The individual employment contract may be suspended at the initiative of the employer in the following situations:

b) if the employer has filed a criminal complaint against the employee or the employee has been sent to court for criminal acts incompatible with the position held, until the court decision becomes final;

c) in case of interruption or temporary reduction of the activity, without termination of the employment relationship, for economic, technological, structural or similar reasons;

d) during the secondment;

e) during the suspension by the competent authorities of the approvals, authorizations or attestations necessary for the exercise of the professions.

(2) In the cases provided for in para. (1) letters a) and b), if the innocence of the person concerned is established, the employee resumes his previous activity and is paid, based on the rules and principles of contractual civil liability, a compensation equal to the salary and other rights of which he was deprived during the period of suspension of the contract.

(3) In case of temporary reduction of activity, for economic, technological, structural or similar reasons, for periods exceeding 30 working days, the employer shall have the possibility to reduce the working hours from 5 days to 4 days per week, with the corresponding reduction of the salary, until the situation that caused the reduction of the schedule is remedied, after prior consultation with the representative trade union at the level of the unit or the employees' representatives, as the case may be.

ART.53.

(1) During the reduction and/or temporary interruption of the activity, the employees involved in the reduced or interrupted activity, who no longer carry out activity, benefit from an indemnity, paid from the salary fund, which may not be less than 75% of the basic salary corresponding to the job held, except for the situations provided for in art. 52 para. (3)tag.

(2) During the reduction and/or temporary interruption provided for in para. (1), the employees will be at the disposal of the employer, who will have the possibility to order the resumption of the activity at any time.

53’1 (1)

In case of temporary suspension of the activity and/or its reduction as a result of the decree of the state of siege or state of emergency according to art. 93 para. (1) of the Romanian Constitution, republished, employees affected by reduced or interrupted activity, who have their individual employment contract suspended, benefit from an indemnity paid from the unemployment insurance budget, in the amount of 75% of the basic salary corresponding to the job held, but not more than 75% of the average gross salary used to substantiate the state social insurance budget in force, for the entire duration of maintaining the state of siege or state of emergency, as the case may be.

(2) In the event that the employer's budget for the payment of personnel expenses allows, the allowance provided for in para. (1) may be supplemented by the employer with amounts representing the difference of up to a minimum of 75% of the basic salary corresponding to the job held, in accordance with the provisions of art. 53 para. (1)tag.

(3) The indemnity provided for in para. (1) is subject to taxation and payment of mandatory social contributions, according to the provisions of Law no. 227/2015 on the Fiscal Code, as subsequently amended and supplemented.

(4) In the case of the indemnity provided for in para. (1), the calculation, withholding and payment of income tax, state social insurance contribution and health insurance contribution shall be made by the employer from the indemnities collected from the unemployment insurance budget.

(5) For the calculation of the income tax provided for in para. (4) The provisions of art. 78 para. "(2) letter b) of Law no. 227/2015, with subsequent amendments and completions. The declaration of income tax, state social insurance contribution and health insurance contribution is made by the employer by submitting the declaration provided for in art. 147 para. (1) of Law no. 227/2015, as subsequently amended and supplemented.

(6) The term of payment and declaration of the tax obligations provided according to para. (4) It is the 25th of the month following the month in which the payment is made from the unemployment insurance budget.

(7) For the indemnity provided for in para. (1) no employment insurance contribution is due according to the provisions of art. 2205 of Law no. 227/2015, as subsequently amended and supplemented.

(8) In the situation in which an employee has concluded several individual employment contracts, of which at least one full-time contract is active during the period of the establishment of the state of siege or state of emergency, he/she shall not benefit from the indemnity provided for in para. (1)tag.

(9) In the situation where an employee has concluded several individual employment contracts and all of them are suspended as a result of the establishment of the state of siege or the state of emergency, he shall benefit from the indemnity provided for in para. (1) related to the individual employment contract with the most advantageous salary rights.

(10) The period provided for in para. (1), for which the employees whose individual employment contracts are suspended and the employers of these employees do not owe the labour insurance contribution according to the provisions of art. 2205 of Law no. 227/2015, as subsequently amended and supplemented, constitute a contribution period without payment of the contribution to the social health insurance system for the leaves and health insurance allowances provided for by the Emergency Ordinance of the Government no . 158/2005 on leaves and health insurance allowances, approved with amendments and completions by Law no. 399/2006, with subsequent amendments and completions. For the establishment and calculation of the health insurance indemnities provided by the Government Emergency Ordinance no. 158/2005, approved with amendments and completions by Law no. 399/2006, with subsequent amendments and completions, the minimum gross basic salary per country guaranteed in payment, in force during the period provided for in para. (1)tag.

(11) In the event that the contribution period completed according to para. (10) It corresponds to a fraction of a month, the minimum gross basic salary per country guaranteed in payment, in force during that period, corresponding to the fraction of a month, is used.

(12) In order to grant the amounts necessary for the payment of the indemnity provided for in para. (1), employers shall submit, by e-mail, to the county employment agencies, as well as to the employment agencies of the municipality of Bucharest, in the area of which they have their registered office, an application signed and dated by the legal representative, accompanied by a declaration on their own responsibility and the list of persons who are to benefit from this indemnity, assumed by the employer's legal representative, according to the model approved by order of the Minister of Labor and Social Protection. See also Law 298/2020.

(13) Employers shall assume responsibility for the correctness and veracity of the data entered in the documents provided for in para. (12)tag.

(14) The payment of the indemnity shall be made to the accounts opened by employers with commercial banks.

(15) The payment of the amount provided for in para. (1) is made on the basis of the application signed and dated by the legal representative, submitted by e-mail to the county employment agencies, as well as to the Bucharest municipality, in the area where they have their registered office.

(16) The documents referred to in para. (12) and (15) shall be submitted in the current month for the payment of the indemnity of the previous month.

(17) The payment from the unemployment insurance budget of the indemnities provided for in para. (1) It is made within 15 days from the submission of the documents, and the payment of the indemnity is made to the employee within a maximum of 3 working days from the receipt by the employer of these amounts.

(18) Employers may gradually order other measures to reduce the activity or interrupt the activity, as the case may be. In the situation in which the measure of suspension of the individual employment contract is adopted by the employer, replacing, in whole or in part, the measure of reducing the weekly work schedule from 5 to 4 days, ordered under the conditions of art. 52 para. (3), the payment of the indemnity is granted only from the date of suspension of the individual employment contract pursuant to art. 52 para. (1) letter c) or f).

(19) Employers may not terminate the jobs occupied by persons whose individual employment contracts have been suspended pursuant to Art. 52 para. (1) letter c) or f), for a period at least equal to the period of suspension for which they benefited, for these employees, from the payment of the indemnities provided for in para. (1) from the social security budget for unemployment

ART. 54.

The individual employment contract may be suspended, by agreement of the parties, in the case of unpaid leave for studies or personal interests.

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Useful links:

Ministry of Labour, Family, Youth and Social Solidarity