Frequently asked questions

Differs in that the employee works from home and sets his own work schedule.

Telecommuting can take place in any location other than that organized by the employer, not just from home, it only uses information and communication technology and the work schedule is established by mutual agreement with the employer.

The employer has the obligation that, before starting the activity, to conclude the individual employment contract and to hand over to the employee a copy of the contract.

The individual employment contract must be registered and transmitted in the General Register of Employees at the latest on the day before the start of activity, regardless of whether it is a working or non-working day.

90 calendar days for executive functions and 120 calendar days for management functions.

Yes, mandatory before starting the activity. The trial period is carried out within the individual employment contract and constitutes seniority.

Only one trial period, except when the employee starts with the same employer in a new position or profession or is to perform the activity in a workplace with difficult, harmful or dangerous conditions, in which case he may be subject to a new trial period.

Yes, any employee has the right to work for different employers or for the same employer, based on individual employment contracts, benefiting from the corresponding salary for each of them.

An employee who has two individual employment contracts with the same employer must have different positions and work, based on both contracts, for a maximum of 12 hours/day.

Well, any transaction that aims to waive the rights recognized by law to employees or limit these rights is null and void.

A temporary employment contract is an individual employment contract that is concluded in writing between the temporary employment agent and the temporary employee, for the duration of a mission.

Drafting the temporary employment contract is ensured by the temporary employment agent.

The temporary employment contract must specify the conditions under which the mission is to take place, the duration of the mission, the identity and headquarters of the user, as well as the amount and modalities of the temporary employee's remuneration.

Yes. The temporary employment agent may conclude with the temporary employee also an employment contract for an indefinite period, in which case, during the period between two missions, the temporary employee is at the disposal of the temporary employment agent.

All the rights and obligations stipulated by the labor legislation, by Law 279/2005 and, as the case may be, by the special laws governing the occupation in question.

Yes, you must receive a compensation equal to at least 50% of the guaranteed gross minimum basic salary and it is granted proportionally to the number of hours of activity performed (no more than 720 hours over 6 consecutive months).

Law no. 176/2018.

Yes, in the register of internship contracts, established by the county agency for employment or the municipality of Bucharest, in whose territorial area the host organization carries out its activity, kept in electronic form.

Now, it is an annex to the individual employment contract that is registered in Revisal.

However, the internship certificate/attestation issued by the employer is endorsed by the territorial labor inspectorate in whose territorial area the employer has its headquarters.

36 months.

This means multiple fixed-term employment contracts.

Fixed-term employment contracts concluded within 3 months of the termination of a fixed-term employment contract are considered successive contracts and cannot have a duration of more than 12 months each.

• Working time and work schedule distribution;

• The conditions under which the work schedule can be changed;

• The prohibition to work overtime, except in cases of force majeure or for other urgent works intended to prevent accidents or to eliminate their consequences.

The contract is considered concluded for the entire standard.

The individual employment contract can only be modified by agreement of the parties, except in situations where such modification is expressly provided by law.

For any of the following:

• contract duration

• workplace

• type of work

• working conditions

• salary

• working time and resting time.

Yes, by delegating or posting the employee to a different place of work than that stipulated in the individual employment contract.

The delegated/assigned employee is entitled to the payment of transport and accommodation expenses, as well as a delegation/assignment allowance, under the conditions provided by law or the applicable collective labor agreement.

As a rule, the rights due to the assigned employee are granted by the employer to whom the assignment was ordered. However, as an exception, the rights are paid by the employer who assigned him if they are more favorable to him.

• The suspension of the individual employment contract has the effect of suspending the work performance by the employee and the payment of salary rights by the employer.

• The suspension of all deadlines related to the conclusion, modification, execution or termination of the individual employment contract, except for situations in which the individual employment contract terminates by law.

Yes, in the case of temporary reduction of activity, for economic, technological, structural or similar reasons, for periods exceeding 30 working days, the employer may decide this, until the situation that caused the reduction of the program is remedied, after prior consultation with the representative union at the unit level or the employees' representatives, as the case may be.

This covers 75% of the basic salary corresponding to the job.

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

Attention! Unpaid leave reduces the length of service!

Approximately 20 business days.

Within 45 calendar days from the date of dismissal.

Yes. The employer's refusal to register the resignation entitles the employee to prove it by any means of evidence.

At most 20 working days for employees with executive positions, and at most 45 working days for employees who hold management positions.

Yes, if the employer does not fulfill the obligations assumed through the individual employment contract or if the employer waives the benefit of the notice.

Except for judicial reorganization or bankruptcy, the employer cannot dismiss for 6 months the employee who permanently returns to the unit after the childcare leave or is in the payment of the insertion incentive. The prohibition applies only once.

Yes. The termination of the individual employment contract concluded for a definite period is a termination by law and operates even if the contract is suspended.

The law does not specify the form, but only the employer's obligation to organize and keep at the workplace the record of the hours worked daily by each employee, highlighting the starting and ending hours of the work schedule, and to submit this record to the labor inspectors' control, whenever this is requested.

8 hours per day and 40 hours per week.

6 hours per day and 30 hours per week.

• This is capped at 48 hours per week.

• Exceptionally, the duration of working time, which also includes overtime, may be extended beyond 48 hours per week, provided that the average working hours, calculated over a reference period of 4 calendar months, does not exceed 48 hours per week.

Only if it is expressly specified in the individual employment contract.

Work performed outside the normal weekly working hours is considered overtime.

• Paid free time within the next 90 calendar days after it is performed.

• If compensation through paid free time is not possible within the above term, in the following month, the overtime work will be paid to the employee by adding a bonus to the salary corresponding to its duration, which cannot be less than 75% of the base salary.

Work performed between the hours of 10:00 PM and 6:00 AM is considered night work.

25% of the basic salary, if the time worked in this way represents at least 3 night hours of the normal working hours.

Of.

No.

That is at least 12 consecutive hours.

By exception, in the case of shift work, this rest may not be less than 8 hours between shifts.

From a salary increase established by the collective labor agreement or, as the case may be, by the individual labor agreement.

Compensation is ensured with corresponding free time in the following 30 days or an increase to the basic salary that cannot be less than 100% of the basic salary corresponding to the work performed in the normal work schedule.

48 consecutive hours, usually Saturday and Sunday.

20 working days.

Only in case of termination of the individual employment contract.

Daily average of wage rights consisting of the basic salary, allowances and bonuses of a permanent nature due for the period, provided for in the individual employment contract, from the last 3 months prior to the one in which the leave is taken, multiplied by the number of days of leave.

The vacation indemnity is paid by the employer at least 5 working days before the departure on vacation.

For justified reasons, the employee cannot take, in full or in part, the annual leave to which he was entitled in the respective calendar year, with the agreement of the person in question, the employer is obliged to grant the untaken leave within a period of 18 months starting with the year following the one in which the right to annual leave was born.

Now, except if you already had your vacation scheduled for that period. Refusal to grant vacation during the scheduled period must be well reasoned.

Well, the salary includes the base salary, allowances, bonuses, as well as other additions.

Now, the minimum wage in the economy stipulated by government decision refers only to the basic (tariff) salary.

No law stipulates the employer's obligation to issue salary slips.

Yes, the employer can pay the salary into an account by bank transfer.

File a complaint with the ITM at the employer's headquarters. If, even after the ITM orders the payment of the salary, the employer does not make the payment, you must sue him in court at the court in the locality where you live or have your workplace.

The respective dispute is exempt from judicial stamp and judicial stamp duty.

Attention! The right to claim payment of outstanding salaries is time-barred in 3 years!

Based on a final and irrevocable court decision.

Maximum one-third of the net salary (in hand) and no more than half of it if there are multiple garnishments.