Romania: Employee rights

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

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Summary

• Working hours, overtime, night work and working time flexibility are subject to various rules and restrictions. (See Hours of work)
• Employees are entitled to daily rest breaks, and minimum daily and weekly rest periods. (See Rest breaks and rest periods)
• Employees must usually be granted their statutory two-day weekly rest period on Saturday and Sunday. (See Weekend work)
• Employees are entitled to paid annual leave. (See Holiday and holiday pay)
• Pregnant employees are entitled to maternity leave (during which they receive a state benefit) and have various other rights, as do new and adoptive mothers. (See Maternity and pregnancy rights)
• Employees are generally entitled to take parental leave (during with they receive a state benefit). (See Parental leave)
• Working fathers are entitled to paid paternity leave on the occasion of their child's birth. (See Paternity leave)
• Employees are entitled to take adoption leave (during which they receive a state benefit). (See Adoption leave)
• Employees are entitled to take leave (during which they receive a state benefit) to care for a sick child. (See Leave to take care of a sick child)
• Employees are entitled to take carer's leave to provide personal care or support to a relative or person living in the same household as the employee and who needs care or support due to a serious medical condition. (See Carer's leave)
• Employees are entitled to paid leave on the occasion of "special family events" and unpaid leave to deal with personal matters. (See Other leave)
• Part-time employees must receive equal treatment with comparable full-time employees. (See Part-time workers)
• Fixed-term contracts are permitted only in certain circumstances. (See Fixed-term workers)
• Temporary agency workers are entitled to receive at least the same pay and basic employment conditions as the direct employees of the user company where they are assigned. (See Temporary agency workers)
• Teleworking and homeworking are subject to regulation. (See Remote workers)
• Employees who are posted temporarily to work in Romania are, for the duration of their posting, covered by various provisions of Romanian employment law. (See Posted workers)
• In the event of the transfer of an undertaking, all rights and obligations under employment contracts and relationships automatically transfer to the new employer. (See Transfers of undertakings)
• In the event of the employer's insolvency, employees' pay-related claims receive priority and are guaranteed by a statutory fund, up to a limit. (See Insolvency of employer)
• Disciplinary offences, sanctions and procedures are regulated by statute and grievance procedures are set out in internal regulations. (See Disciplinary and grievance procedures)
• Employers are required to have in place a set of binding internal regulations, dealing with specified issues. (See Internal regulations)
• Most employers are under a legal obligation to implement a whistleblowing policy. (See Whistleblowing)
• Legislation on the protection of personal data applies in the employment context. (See Data and privacy protection)