A special category of contracts that can be signed in Romania concerns employment contracts. These types of contracts are regulated by the Employment Law (Labor Code). According to Romanian employment law, the employment contract must be signed in writing and must contain specific elements.
Business people wishing to open a company in Romania must comply with the regulations of the above-mentioned law when hiring employees, and it is also important to know that the law provides for special requirements when hiring foreign labor; however, our team of Romanian lawyers can provide detailed information on these regulations. Some of the basic elements of an employment contract in Romania are outlined below:
- the identification data of the company employing an employee and the identification data of the employee;
- the duration of the contract (it can be signed for a fixed or indefinite period);
- the salary and the type of contractual relationship established between the employer and the employee (part-time contract, full-time contract, project-based contract, etc.);
- the days of leave to which the employee is entitled and the probationary period;
- depending on the nature of the job, the employment contract may contain confidentiality provisions;
- the probationary period is determined according to the employee’s future position in the company (executive or managerial positions).
What are the probation periods for employment contracts in Romania?
As mentioned above, an employment contract in Romania must contain provisions regarding the number of days the employee is on probation (or trial period). This period is influenced by specific factors, as regulated by the Labor Code. Currently, the following applies:
- A period of 90 days in the case of employment contracts signed with persons who will have an executive function within the company;
- a period of 120 days in the case of employees hired for management positions;
- in the case of fixed-term contracts, the probationary period is 5 days if the contract is signed for a period of 3 months;
- in the case of a fixed-term contract of between 3 and 6 months, the probationary period is 15 days;
- fixed-term contracts signed for more than 6 months must include a probationary period of 30 days;
- fixed-term contracts signed for managerial posts (for more than 6 months) must include a probationary period of 45 days.