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The Romanian Employment Contract

The Romanian Employment Contract

Our law firm has considered useful to provide to foreign investors visiting our website a schematic content of the Romanian Standard Individual Employment Contract. This contract is provided by law and cannot be changed; it can however be modified in the sense of adding some limited clauses. In practice these are mostly related to confidentiality and non-competition per the Romanian Law. Although the clauses of this standard agreement are supplied below in English for the reference of Romanian non-speaking business people, once the Employment Contract is signed it must be filed in Romanian only with the Romanian Labor Chamber.

Regardless if you are the representative of Romanian business or a foreign company operating in this country, when you will hire employees, you must draft and sign an employment contract with your local/foreign employees.

Thus, if you will open a company in Romania and then you will hire employees, you can rely on our team to assist you in all the formalities imposed by the Romanian employment legislation.

Regarding our services for company formation in Romania, you can contact us for advice on selecting a legal entity, preparing the incorporation documents, submitting documents and forms with the local institutions, obtaining tax numbers and many others.

In the case your business activity will require certain permits and licenses, you can, of course, rely on our professional team.

Our law firm is also able to assist foreigners in other legal matters, such as starting a business as an individual (through a sole trader), getting married in Romania, recovering a debt, etc.

We can also provide legal representation in inheritance matters, as well as full assistance to those who want to buy a property in Romania (buying a property for residential purposes is a rather simple procedure).

You can find below an incomplete (schematic) Standard Labor Agreement for reference only. If you require to sign an Employment Contract please note that the below example is not sufficient. In this case we will kindly ask to contact us beforehand.

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SC __________________ LLC

CUI _____________________

INDIVIDUAL LABOR CONTRACT

completed and registered under no. …………. / ………………… General register record of employees.

A. Parties

Employer – legal / physical ……………………………………………… ………….. with

headquarters / residence in ………………………………………………………………………………. ,

registered in the Commercial Register / public administration authorities …………………….. under

number ……………. , tax …………………… ………………….. phone , legally represented

by ………………………………………, as …………………………………. ……….. ,

and

employee / employee – Mr / Mrs …………………………………………………….. ,

domiciled (a) ………………………………… town , street …………………. ………………….. no.

……………, County ……………………….., owner / holder / bulletin / meat

ID / passport ………………. series , no. ………………………….. Issued / released

…………………………………… On ….. ……………… CNP …………………………………..,

work permit / residence permit for work ……….. series no. of ………………..

………………….. date ,

I concluded this individual contract under the following conditions on which

I agreed :

B. Object of contract: …………………………………………………………………………

C. Duration of the contract :

a) indefinite – the employee will ………………………………………. start

work on ………………….. ;

b ) determined by ………….. month period from the date of

……………………………………… And on ……………….. / during the suspension of contract

individual post holder’s work .

D. Work

One . Activity is carried on ( section / shop / office / work / bin, etc. . )

…………………………………………………………… Of registered office / place of business / other

job held the employer ………………………

Two . Failing fix job the employee will work

follows: ………………………………..

E. Type of work

Occupation / job ………………………………………………… according to the Classification of Occupations in Romania ;

F. Job Description

Job Description is specified in the job description attached to the individual

employment.

F1 . Criteria for assessing the professional activity of the employee :

………………………………………………………………………………………………

G. Conditions of employment :

One . Activity carried on in accordance hard, harmful or dangerous , according to Law

No . 31/1991

Two . Activity performed is conducted under normal / special / special working

Law no. 263/2010 on the unified public pension system , with modifications and additions

subsequent

H. Duration of work :

One . A full time working time being ………. hours / day ………..

hours / week.

a) . Distribution of working is as follows ……………………. (hours

day / night hours / uneven ) ;

b ) . Program can alter the conditions internal regulations / contract

applicable collective .

Two . A part-time for …… hours / day , hours / week …………………….

a) . Distribution of working is as follows: ……………………. ( hours

day / night hours ) ;

b ) . Program can alter the conditions internal regulations / contract

applicable collective .

b1 ) . Additional benefits in cash ………………….

b2 ) . Additional benefits in kind way ………………………

c ) . There will be no overtime except in cases of force majeure or

other urgent works to prevent or eliminate the consequences of accidents

thereof.

I leave

Length of annual leave is ………. days in relation to duration

(full time , part-time ) .

Also receive additional leave …………………….

J. Payroll :

January . Gross monthly base salary : ………………………………………. lei;

Two . Additional elements:

a) . ………………………………………. increases ;

b ) . …………………………….. allowances ;

c ) . other additions ……………………………. ;

March . Overtime worked outside normal working hours or on days when

not working or on public holidays shall be compensated by time off paid or

pay with a salary increase , according to the collective labor agreement or applicable law no .

53/2003 – Labour Code .

4 . The date / dates of paycheck is / are ……………………..

K. rights and obligations of the parties concerning health and safety at work :

a) . ………………………………… PPE ;

b ) . individual work equipment ……………………………………. .. ;

c ) . sanitary materials ……………………………………. …….. ;

d ) . nutrition …………………………………. protection ;

e) . other rights and obligations regarding health and safety at work

……………………………………