Romania: Contracts of employment

Original and updating authors: Nestor Nestor Diculescu Kingston Peterson (Gabriela Dinu, Roxana Abrasu and Daniel Stancescu)

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Summary

• The employment contract must be concluded in writing at least one day before the employee starts work. (See General)
• Where this is stipulated in the employment contract, employees may be subject to a probationary period of up to 120 days for managerial positions and 90 days for other positions. (See Probationary periods)
• Various special rules apply to fixed-term contracts, and to contracts for part-time and temporary agency work. (See Types of contract)
• Employers must inform employees about certain terms and conditions, which must also be included in the employment contract. (See Written statement of terms of employment)
• The terms of an employment contract can, in general, be amended only with the mutual consent of the employer and employee, although the employer is entitled unilaterally to amend some terms in limited circumstances. (See Variation of contract)
• Statute provides for a number of situations in which the employment contract is considered to be suspended (for example during sick and maternity leave). (See Suspension of contract)
• Statute specifically regulates certain terms of employment contracts, notably non-competition clauses, mobility clauses and confidentiality clauses. (See Non-competition, mobility and confidentiality clauses)