LAW no.

53/2003 dated 24th January 2003 the Working Code

republished 2011, updated in 2012
2012-09-01-Completed by the LAW no. 76/2012 for putting in application the Law
no.134/2010 regarding the Civil procedure Code [introduces at 01st September 2012, line (3)
at article 269]
2012-07-27 Modified by the LAW no. 147/2012 for the modification of the article 139
paragraph (1) from the Law no. 53/2003 the Working Code [Official Monitor 509/2012]
2011-05-21 The date for entering in force 21st May 2011
2011-05-18 The version published in the Official Monitor: 2011-06-17 the republished
Official Monitor 2011
2011-05-18 the republication in the Official Monitor no. 345/18 th May 2011
2011-05-01 the modifications brought to the Working Code by the Law 40/2011 (informing)

Summary by titles
TITLE I General provisions (Article 1 Article 9)
TITLE II Individual labor contract (Article 10 Article 110)
TITLE III Working hours and resting hours (Article 111 Article 158)
TITLE IV Salary (Article 159 Article 174)
TITLE V Labor health and security (Article 175 Article 191)
TITLE VI Professional training (Article 192 Article 210)
TITLE VII Social dialogue (Article 211 Article 228)
TITLE VIII Labor collective contracts (Article 229 Article 230)
TITLE IX Labor conflict (Article 231 Article 236)
TITLE X Labor inspection (Article 237 Article 240)
TITLE XI The juridical liability (Article 241 Article 265)
TITLE XII The labor jurisdiction (Article 266 Article 275)
TITLE XIII Final disposals (Article 276 Article 281)
TITLE I
GENERAL PROVISIONS
CHAPTER I

Article 1
(1) The present code establishes the labor reports, the way is effectuated the check
regarding the application of the code and also the labor jurisdiction.
(2) The present code is also applied to the labor reports regulated by special laws, only
in the measure that they do not contain any derogatory specific provisions
Article 2
The provisions included in the present code are applied to:
a) The Romanian citizens that are having a labor contract and are performing their
work in Romania
b) The Romanian citizens that have an individual labor contract concluded and that are
performing their activity abroad, in the basis of a contract concluded with a
Romanian employer, excepting the case that the law in the state that the activity is
performed is more favorable;
c) To the foreign or stateless citizens that have an individual labor contract concluded,
that are performing works for a Romanian employer on the Romanian territory;
d) To the persons that have the statute as refugee and have concluded an individual
labor contract on the Romanian territory, under the laws provisions;
e) To the beginners that are performing works in the basis of a contract concluded;
f)

To the employers, to individuals and companies

CHAPTER II
Ultimate principles
Article 3
(1) The work freedom is guaranteed by the Constitution. The right to work cannot be
restricted.
(2) Any person is free to choose a place of work and a occupation, activity that follows to
be performed.
(3) No one can be obliged to work or not to work in a certain place of work or to have a
certain occupation, whatever it is.
(4) Any labor contract that is concluding without respecting the disposals of the
paragraphs (1) (3) is null and void.
Article 4
(1) The forced labor is forbidden;

(2) The term forced labor means any labor or service imposed to a certain person
under threat or for which the person did not offered its free consent.
(3) Is not considered forced labor or activity imposed by the public authorities:
a) Under the law in which regards the mandatory military service;
b) For fulfillment the civic obligations established by the law;
c) In the basis of a court order of conviction, that remained definitive, under the laws
provisions;
d) In case of force majeure, respectively in the case of war, catastrophe or dangers as:
fire, floods, earthquake, epidemic, generally in all the circumstances that are putting
in danger life of normal existence conditions of the population or to a part of it.
Article 5
(1) In the case of labor relations it functions the equality treatment to all the employers
and employees.
(2) Any direct or indirect discrimination towards an employee, based on the sex criteria,
sexual orientation, genetic characteristics, age national membership, race, ethnicity,
color, religion, political options, family situation or union activity is forbidden.
(3) It constitutes direct discrimination the acts and facts as exclusion, difference,
restriction or preference based on or more criteria provided at paragraph (2) that
have as purpose or effect the non granting, the collapse or the rights exercise
provided by the labors legislation.
(4) It constitutes indirect discrimination the acts and the facts based on other criteria
than the ones provided by the paragraph (2), but which are producing the effects of a
direct discrimination.
Article 6
(1) Any employee that performs a work takes benefit of adequate working conditions for
the performed activity, of social protection, of labor health and security and also of
the dignity and its consciousness observance, without any discrimination.
(2) To all employees that are performing a work are recognized the right to collective
negotiation, the right to personal dates protection, and also the right against illegal
dismissal.
(3) For the equivalent work or of equal value is forbidden any discrimination based on
the sex criteria in which regards all elements and payment conditions.
Article 7
The employees and employers may free associate for the rights defend and for promoting
their professional interest, economical and social.

Article 8
(1) The working relations are based on the unanimous approval and good faith.
(2) For a good development of the labor relations, the participants are going to inform
and consult each other, under the law provision and collective labor contracts.
Article 9
The Romanian citizens are free to work in the states included in the European Union, and
also in any other states, by observing the labor international right of work and also the
bilateral treats in which Romania is part of.
The individual labor contract
CHAPTER I
The conclusion of the individual contract of labor
Article 10
The individual labor contract is the contract in which basis an individual, named employee, is
obliged to perform work for and under the authority of an employer, company or individual,
by receiving a remuneration named salary.
Article 11
The provisions of the individual labor contract cannot include contrary provisions or rights
under the minimum level established by normative or by collective labor contracts.
Article 12
(1) The individual contract of labor is concluded for an indefinite period.
(2) As an exception, the individual contract of labor can be concluded on a definite
period of time, under the law provisions.
Article 13
(1) The individuals gain the capacity of working at the age of 16 years.
(2) The employers can conclude a working contract for an employee at the age of 15
years also, with the agreement of the parents or of the legally representative, for
suitable jobs that are in accordance with the physical development, capacities and
knowledge, if is not jeopardized the health, development and professional training.
(3) Is forbidden a contract the admission to employment for persons under 15 years old.
(4) The admission to employment for the persons that are under juridical interdiction is
forbidden.

(5) The admission to employment at difficult places of work, dangerous or harmful can
be done only at the age of 18 years old; these working places are established by the
Government decision.
Article 14
(1) Under this code, by the employer is understood the individual or company that, in
conformity with the law, can hire working force under an individual labor contract.
(2) The legal person can conclude individual labor contracts, as employer, from the
moment that gains the juridical personality.
(3) The legal person obtains the capacity to conclude individual labor contracts as
employer in the moments that gains its full capacity.
Article 15
It is forbidden, under the sanction of full void, an individual labor contract concluding in the
purpose of performing an immoral and illicit work.

Article 16
(1) The individual labor contract is concluded in the basis of the parts consent, in written,
and in Romanian language. The obligation to conclude the contract in written belongs
to the employer. The written form is mandatory for the valid conclusion of the
contract.

(2) Before the activity starts, the individual labor contract is registered in the general
register for the employee evidence that is sent to the labor local inspectorate.
(3) The employer is obliged that, before starting the activity, to hand over to the
employee a copy of the individual labor contract.
(4) The work performed in the basis of the working contract constitutes the work
experience.
Article 17
(1) Before the conclusion or the modification of the individual labor contract, the
employer has the obligation to inform the selected person in which regards the
employment or, if the case, the employee, regarding the main provisions that intends
to write in the contract or to modify.
(2) The obligation to inform the selected person in which regards the employment or the
employee is considered fulfilled by the employer in the moment of the contract
signing or the annex signing as appropriate.

(3) The selected person for employment or the employee, as per the case, will be
informed with at least the following elements:
a) The parts identity;
b) The place of work, or in the lack of a fixed place of work, the possibility of the
employee to work in various places
c) The headquarters or, the employers domicile.
d) Function/occupation in conformity with the Classification specification from Romania
or with other norms, and also the job description, by specifying the duties.
e) The evaluation criteria for the professional activity of the employee applicable to the
employers level
f)

The specific risks of the job;

g) The date from when the contract follows to produce its effects;
h) In the case of a definite period contract or of a temporary contract, their duration;
i)

The duration of the annual leave that the employee has the right to;

j)

The conditions stipulated for the leaving notice by both contracting parties and its
duration;

k) The base salary, other constitutive elements of the wage income, and also the
payment periodicity to which the employee has the right to receive;
l)

The work duration expressed in hours/days and hours/week;

m) The indication of the collective labor contract that establish the working conditions
for the employee;
n) The duration of the test period;

(4) The elements from the information provided at paragraph (3) must be found in the
content of the individual labor contract.
(5) Any modification of one of the elements provided by paragraph (3) during the
execution of the individual labor contract imposes the conclusion of an annex to the
contract, in a term of 20 working days from the appearance of the modification,
excepting the situations when such a modification is expressly imposed by the law.
(6) At the negotiation, conclusion or modification of the individual labor contract, any
part may be assisted by a third part, as per their will, by observing the provisions of
paragraph (7)

(7) In which regards the information offered to the employee, before the concluding of
the individual labor contract, between the parties may be concluded a confidentiality
contract.
Article 18
(1) In the case that the selected person for employment or the employee, as per the
case, follows to work abroad, the employer has the obligation to inform the employee
in due time, before living, the information provided at article 17 paragraph (3) and
also the information reffering to:
a) The duration of the working period that follows to be performed abroad;
b) The payment currency in which is going to be received the salary and also the
payment modality;
c) The performance in cash/or other payments afferent to the activity abroad;
d) Weather conditions;
e) The main regulations from the work legislation from that country
f)

The habits of the place which inobservance will put its life in danger, the liberty or
the personal safety;

g) The repatriation conditions, as per the case.

(2) The information stipulated by the paragraph (1), letters a), b) and c) must be found
also in the content of the individual labor contract.
(3) The provisions of paragraph (1) are completed by special laws that regulate the
specific conditions for working abroad.
Article 19
In the case that the employer does not execute its informing obligation provided by article
17 and 18 the selected person for employing or the employee, as per the case, has the right
to seize, in a term of 30 days from the date of the non fulfillment of this obligation, the
competent court of law and to ask to recovery of damages afferent to the prejudice that was
caused following the non execution by the employer in which regards the informing
obligation.
Article 20
(1) Besides the essential provisions provided at article 17, between the parties can be
negotiated and included in the individual labor contract other specific clauses.
(2) Are considered specific clauses, without being limited the enumeration:

a) The clause regarding the professional training;

b) The non-competition clause;

c) The mobility clause;
d) The confidentiality clause.

Article 21
(1) At the conclusion of the individual labor contract or during its execution, the parties may
negotiate and include in the contract a non competition clause by which to oblige the
employee that after the contract termination not to perform, in its own interest of a third
part an activity that is in competition with the one that is executed by the employer, in
the exchange for a monthly non-competition payment that the employer is obliged to
pay during the whole period of non-competition.
(2) The non-competition clause produces its effects only if during the individual labor
contract are concrete provided the activities that are forbidden to the employee at the
date of the contract termination, the amount of the payment for the non-competition,
the period for the non-competition clause, the third parties in which favor is forbidden
the services performance and also the geographical area where the employee may be in
real competition with the employer.
(3) The monthly payment for the non-competition, is not a salary, is negotiated and is at
least of 50% from the average of the gross incomes of the employee in the last 6 months
before the contract termination, and in the case that the contract duration was smaller
than 6 months, the average of the gross salaries received during the period of the
contract.
(4) The payment for the non-competition represents an expense made by the employer, is
deductible from the calculation of the benefit and the beneficiary is taxed, as per the law.

Article 22
(1) The non-competition clause produces its effects for a period of maximum 2 years
from the termination date of the contract.
(2) The provisions of paragraph (1) are not applicable in the case that the contract
termination was by right, excepting the cases provided at article 56, paragraph (1),
letters c), e), f), g), h), and i) or came from the initiative of the employer for reasons
that are not beyond the employee.
Article 23
(1) The non-competition clause cannot have as effect of the absolute interdiction for the
job exercise or the specialization that the employee has.
(2) At the employee intimation or the territory labor inspectorate the competent
authority can diminish the effects of the non-competition provision.

Article 24
In the case of nonobservance of the non-competition provision the employee can be obliged
to return the payment, and as per the case, to pay the recovery of damages corresponding
with the prejudice that produced to the employer.
Article 25
(1) By the mobility clause the parts of the individual labor contract establish that, in the
consideration of the labor specific, the execution of the service obligation by the
employee is not executed in a stable place. In this case, the employee benefits of
other supplementary performance in cash or similar benefits.
(2) The quantum of the supplementary performance in cash or in other manner is
specified in the individual contract of labor.
Article 26
(1) By the confidentiality clause the parties agree that, during the contract period and
after its termination, not to transmit dates and information of which were informed
during the contract, under the conditions established by the internal rules, in the
collective contracts of labor or in the individual contract of labor.
(2) The non-observance of this provision by each of the parts, leads to the recovery of
damages payment.
Article 27
(1) A person can be employed only in the basis of a medical certificate, in which to be
stated that the person is able to perform the work.
(2) The nonobservance of the provisions of the paragraph (1) leads to the contract
nullity.
(3) The competence for the issuing of the medical certificate, and also to the sanction
applicable to the employer in the case of employment or the job changing without
the medical certificate is established by special laws.
(4) The requesting, at the contract conclusion to be performed pregnancy tests is
forbidden.
(5) At the contract conclusion in the health field, food field, education and other fields
established by norms may be requested other specific medical tests.
Article 28
The medical certificate is mandatory also in the following situations:
a) At the activity beginning after a interruption bigger than 6 months, for the working
places that expose to nuisances, and one year in the other situations;
b) In the case of detachment or the job changing, if are changed the working conditions;

c) At the work beginning, in the case of employees that are concluded a temporary
contract;
d) In the case of pupils, students, disciples, practitioner, in the situation that they are
following to be instructed for an occupation, and also in the situation of the job
changing during the training;
e) Periodically, in the case of persons that are working in exposure to harmful factors, as
per the rules of Health Ministry.
f)

Periodically, in the case of persons that are performing activities with a risk of
transmission of certain diseases that are working in food processing field, at the
installations of potable water, kids collectivity, as per the rules of the Health Ministry;

g) Periodically, for the persons who are working in units without risk factors, by medical
examinations depending on the age, sex and health status, as per the regulations
from the labor collective contracts.
Article 29
(1) The individual labor contract is concluded after a preliminary checking of the
professional and personal skills of the persons that are asking for the job.
(2) The modality in which follows to be executed the checking provided at paragraph (1)
is provided in the labor collective contract and also in the internal rules.
(3) The information asked by the employer to the person that is asking for the job will
have only the purpose to check the skills and professional capacity

(4) The employer can ask information in which regards the person that is applying for the
job from the persons former employers, but only regarding the fulfilled activity and
only after was informed the job applicant.
Article 30
(1) The employment in the public institutes and authorities is made only by an
examination.
(2) The jobs are going to be put in competition in the report with the necessities of each
unit as provided at paragraph (1).
(3) Under the case that for the organized competition, where were not present many
candidates, they are going to be tested by an examination.
(4) The organization conditions are established by a rule approved by the Government.
Article 31

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(1) In order to verify the skills of the employee, at the concluding of the labor individual
contract can be established a test period of at most 90 calendar days for the jobs in
execution and at most 120 calendar days for the management jobs.
(2) The checking of the professional aptitudes at the employment of the persons with
handicap is made exclusively on a trial period of maximum 30 calendar days.
(3) On the duration or at the end of the trial period, the labor individual contract can be
terminated exclusively by a written notification, at the initiative of any part, without
being necessary its motivation.
(4) During the trial period, the employee has all the rights and has also all the
obligations provided by the work legislation, in the applicable labor collective
contract and also in the individual labor contract.
(5) For the university graduates, the first 6 months are considered a period of probation.
Excepting the professions when the probation period is established by special laws.
At the termination of the probation period, the employer mandatory issues a
certificate, that is agreed by the working territory inspectorate.

(6) The probation period modality provided at paragraph (5) is established by a special
law.
Article 32
(1) During the labor individual contract execution can be established only one test
period.
(2) By exception, the employee may have another test period with the same employer in
the case that changes the job or follows to perform the activity in a working place
with heavy conditions, or dangerous.
(3) The test period represents work experience.
Article 33
The period during which can be performed successive test periods of more persons for the
same job is of maximum 12 months.
Article 34
(1) Each employer has the obligation to have its own registry for the employees
evidence.
(2) The general registry for the employees evidence will be previously registered at the
competent public authority, as per the law, where is the headquarters of the
employer, date when it becomes an official document.
(3) The general registry for the employees evidence is completed and sent to the labor
territory inspectorate in the employment order and includes identification elements

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of all the employees, the employment date, occupation, as per the Romanian
occupation Classification or other normative documents, the labor individual contract,
the salary, the period and the causes for the contract termination.
(4) The general registry for the employees evidence is kept at the headquarters of the
employer, following to be set to the disposal of the labor territory disposal or to other
authority that requests, as per the law.
(5) At the request of an employee or a former employee, the employer is obliged to issue
a document to attest the activity that was performed, the duration of the activity, the
salary, the work experience.
(6) In the case of the employer activity termination, the employees evidence general
registry is handed to the competent public authority, as per the law.
(7) The methodology for issuing the employees evidence general registry, the dates that
are introduced, and also other elements in connection with its issuing are established
by the government.
Article 35
(1) Each employee has the right to work at different employers or at the same employer,
in the basis of certain individual labor contracts, by receiving the corresponding
salary for each of the performed jobs.
(2) Are exceptions from the provisions of paragraph (1) the situations in which, by law,
are provided incompatibilities for the cumulative of certain occupations.
Article 36
The foreign and stateless citizens can be employed with an individual labor contract in the
basis of the labor authorization or the residence permit issued as per the law.
CHAPTER II
The execution of the individual labor contract
Article 37
Rights and obligations in which regards the working relations between the employer and the
employee are established as per the law, by negotiation, in the basis of the collective labor
contracts and individual labor contracts.
Article 38
The employees cannot give up to the rights that are recognized by the law. Any transaction
by which is trying to waiver the rights recognized by the law or limiting the employees
rights are null.
Article 39
(1) The employee has, mainly, the following rights:

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a) Right to receive the salary afferent to the performed work;

b) Right to the daily and weekly rest;
c) The right to the annual leave;
d) The right to chances equality;
e) The right to dignity at work;
f)

The right to health and security at work;

g) Professional training at work right

h) The right to be informed and consulted;
i)

The right to take part in the determination and the improvement of the working
conditions;

j)

The right to protection in case of dismissal;

k) The right to collective and individual negotiation;

l)

The right to participate to collective actions;

m) The right to constitute or be part of a syndicate;

n) Other rights provided by the law or by the applicable collective contracts of labor.
(2) The employee has mainly the following obligations:
a) The obligation cu accomplish the norm of work, or, as per the case, to fulfill the
obligations that has as per the job description;
b) The obligation to observe the working discipline;
c) The obligation to observe the provisions included in the internal rules, in the
applicable collective contract of labor and also in the individual labor contract;
d) The obligation of fidelity to the employer in the execution of the working attributes;
e) The obligation to respect the health and security measures in the company;
f)

The obligation to respect the confidentiality of the work;

g) Other obligations provided by the law or by applicable collective contracts of labor;

Article 40
(1) The employer has mainly the following rights:
a) To establish the organization and the functioning of the company;
b) To establish attributions corresponding to each employee, as per the law;

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c) To establish mandatory provisions for the employee, under the law;

d) To check how were fulfilled the tasks;
e) To reveal the commitment of a abnormality and to apply the corresponding sanctions,
as per the law, the collective labor contract applicable and the internal rules;
f)

To establish the individual performance objectives, and also the evaluation criteria
and their accomplishment;

(2) The employer has mainly the following obligations:

a) To inform the employees in which regards the labor conditions and the elements
related to performance of the labor relations;
b) To permanent assure the technical and organizational conditions taken into account
at the elaboration of the labor norms and the corresponding conditions of work;
c) To confer all the rights as per the law, from the applicable collective contract of labor
and also from the individual labor contracts;
d) To communicate periodically to the employees the economic and financial situation of
the company, excepting the secret or delicate information, which by their informing,
are about to prejudice the companys activity. The periodicity of the communications
is established by negotiation in the applicable collective labor contract;
e) To take counsel with the syndicate, or as per the case with the representatives of the
employees in which regards the decisions that might affect substantially the rights
and their interests;
f)

To pay all the contributions and taxes, and also to keep and pay their contributions
and taxes owed to the employees, as per the law;

g) To make the general evidence registry and to operate all the entries provided by the
law;
h) To issue, at the request of the employees, the documents that attest the employment
of the solicitor;
i)

To assure the confidentiality of the personal dates of the employees;

CHAPTER III
The modification of the individual contract of labor
Article 41
(1) The individual contract of labor can be modified only by the both parties agreement.
(2) As an exception, the unilateral modification of the individual contract of labor is
possible only in the cases and conditions provided by the present code.

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(3) The modification of the individual contract of labor is referred only to the following
elements:
a) Contract duration;
b) The place of work;
c) Type of work;
d) Conditions of work;
e) The salary;
f)

The working hours and the resting hours.

Article 42
(1) The place of work can be modified unilateral by the employer by delegate or detach
the employee in another place of work than the one provided in the individual
contract of labor.
(2) During the delegation period, the employee keeps its function and all the other rights
provided in the individual contract of labor.
Article 43
The delegation represents a temporary period, as per the request of the employer, of the
employee, of some works or tasks corresponding to the working attributions besides its
place of work.

Article 44
(1) The delegation might be disposed for a period of most 60 calendar days in 12
months, but can be prolonged by successive periods of maximum 60 calendar days,
only by the employees agreement. The refusal of the employee to prolong the
delegation cannot be considered a reason for disciplinary sanctioning.
(2) The delegated employee has the right of payment of the transportation and
accommodation fees, and also a payment for delegation, under the conditions
provided by the law or in the applicable collective labor contract.
Article 45
The detachment is the disposal of temporary changing of the place of work, as per the
employers request to the headquarters of another employer, in the purpose of execution of
certain works in its interest. As an exception, by the detachment may be modified the salary
and the type of work, but only with the written agreement of the employee.

15

Article 46
(1) The detachment can be made for a period of only 1 year.
(2) As an exception, the period of the detachment may be prolonged for reasons that
impose the presence of the employee, by the agreement of both parties, from 6 to 6
months.
(3) The employee can refuse the detachment imposed by the employer only for personal
solid reasons.
(4) The detached employee has the right of payment of the transportation,
accommodation expenses and also to receive a payment, under the conditions
provided by the law or by the applicable collective contract of labor.
Article 47
(1) The rights afferent to the detached employee are granted by the employer who
asked for the detachment.
(2) During the detachment period the employee benefits of rights that are more
convenient, from the employer that asked for detach, or rights from the employer
where is detached.
(3) The employer who is detaching has the obligation to take all the necessary measures
that the employer to which was disposed the detachment to fulfill on due time all the
obligations towards the employee.
(4) If the employer where was disposed the detachment does not totally or on due time
fulfills the obligations towards the employee, these are going to be fulfilled by the
employer who disposed the detachment.
(5) In the case that there appear divergences between the two employers or neither one
of them does not fulfill the obligations provided in the paragraphs (1) and (2), the
employee has the right to come back to the place of work from his employer, to ask
for the enforced execution of the obligations that were not received.
Article 48
The employer can temporary modify the place and type of work, without the agreement of
the employee, and in the case of force majeure, as a disciplinary sanction or as a measure to
protect the employee, in the cases and under the conditions provided by the present code.
CHAPTER IV
The termination of the individual contract of labor
Article 49
(1) The termination of the individual contract of labor may interfere by right, by both
parties agreement, or unilaterally by one part.

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(2) The termination of the individual contract of labor has as consequence the
termination of the work performance by the employees and also the termination of
the salary payment by the employer.
(3) On the duration of the contract termination may continue existing other rights and
obligations of the parts, others than the ones provided at paragraph (2), if these are
provided by special laws, by the collective contract of labor, by individual contracts of
labor or internal rules.
(4) In the case of contract termination from the employees fault, during the duration of
the contract termination, during the contract termination, the employee will not take
any benefit of any right that results from its employment quality.
(5) Each time on during the contract termination interferes a cause of the termination by
right, it prevails the termination by right.
(6) In the case of the individual contract of labor termination are suspended all the terms
that have connection with the termination, modification, execution, excepting the
situations when the individual contract of labor terminates by right.
Article 50
The individual contract of labor is terminated by right in the following situations:
a) Maternity leave;
b) Leave for temporary work incapacity;
c) Quarantine;
d) The exercise of a job within an executive authority, legislative, on the whole period of
the terms of office;
e) The fulfillment of a management job in the syndicate;
f)

Force majeure;

g) In the case that the employee is in preventive arrest, under the conditions of the
Procedure Code;
h) From the date of termination of the periods for which were issued the notifications,
the authorizations or the necessary confirmations, the contract of labor terminates by
right;
i)

In other cases provided by the law

Article 51
(1) The individual contract of labor can be terminated at the request of the employee, in
the following situations:
a) The maternity leave for 2 years, or in the case of a baby with handicap until 3 years;

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b) The leave for the sick baby taking care of until 7 years, or in the case of a child with
difficult handicap until 18 years;
c) The paternhood (the father takes care of the child);
d)

The leave for professional training;

e) For exercise certain jobs within professional elective organizations, for all the period
of the mandate;
f)

Participation to strike;

(2) The individual contract of labor can be terminated under the conditions of time off
from work without previous announcement, as per the conditions established by the
collective contract of labor, the individual contract of labor and also the internal rule.
Article 52
(1) The individual contract of labor can be terminated from the initiative of the employer
in the following conditions:
a) During the duration of the as inspected discipline under the law conditions;
b) In the case when the employer made a complaint against the employee or the
employee was sent to the court of law, until the receipt of the definite decision from
the court of law;
c) In the case of termination or temporary termination of the activity, without
terminating the work, due to economic, technical, or structural reasons;
d) On the detachment period;
e) During the duration of suspension by the competent authorities the agreements,
authorizations necessary for the job unfolding;
(2) In the cases provided at paragraphs (1) letter a) and b) if is ascertained the
innocence, the employee comes back to work and will be paid, under the contractual
norms and principles a legally a compensation equally with the salary and the other
rights that were not received during the contract termination.
(3) In the case of temporary diminish of the activity, due to economical, technical,
structural or similar reasons, for the periods that are bigger than 30 working days,
the employer would have the possibility to diminish the program of works from 5
days to 4 days per week, by diminishing the salary also, until the situation remedy
that caused the diminish of the working program, after the preliminary consulting
with the syndicate.
Article 53
(1) During the duration of diminish/temporary suspension of work, the employees
implicated in this situation, that are no longer performed, are taking benefit of a

18

remuneration of 75% from the basis salary corresponding to the performed work,
excepting the situations provided at article 52, paragraph (3).
(2) During the temporary work diminish/ interruption provided at paragraph (1), the
employees are at the disposal of the employer, this have any time the possibility to
ask for the activity beginning.
Article 54
The individual contract of labor can be terminated, by the parties agreement, in the case of
non-paid leaves for the studies or for personal interests.
CHAPTER V
The termination of the individual contract of labor
Article 55
The individual contract of labor can be terminated as follows:
a) by right;
b) as a result of the parties agreement, at the agreed date;
c) following the unilateral will of one of the parties, under the cases and conditions
provided by the law
SECTION I
Termination by right of the individual contract of labor
Article 56
(1) The existent contract of work terminates by right:
a) At the date of the death of the employee or the individual employer and also in the
case of the winding up of the company, from the date the employer terminated the
existence as per the law;
b) At the date of the injunction from the court of law by declaring the death of the
person or setting the interdiction to the employee or employer;
c) At the date of accumulation the conditions for the standard age for retiring; at the
date of the decision communication in the case of the invalidity retiring, the partial
anticipated retirement;
d) As a result of total nullity of the individual contract of labor, from the date the nullity
was observed, by the parties agreement, or by the decision of the court of law;
e) As a result of the request admission for the integration in the job occupied by the
employee of a person that was illegally dismissed or for unfounded reasons;
f)

As a result of conviction, since the decision of the court of law remains definitive;

19

g) From the date of taking back by the competent authorities the agreements,
authorizations for the job performance;
h) As a result of the job or profession interdiction, as a safety measure, since the date of
the definitive decision of the court of law
i)

At the expiry date of individual contract of labor concluded on a definite period of

time;

j)

The agreement restriction of the parents or legally representative for the employees
with the age between 15 and 16 years;

(2) For the situations provided at paragraph (1) letters c) j) the termination by right
case of the individual contract of labor is made in a term of 5 working days from the
date of appearance, in written, by the employers decision, and is communicated to
the persons that are in the specific situation in a term of 5 working days.
Article 57
(1) The non observing of either one of the necessary legally conditions for the
termination of the individual contract of labor leads to its nullity.
(2) The nullity ascertain for the individual working contract may produce effects for the
future.
(3) The nullity of the individual contract of labor can be covered by the ulterior fulfillment
of the conditions imposed by the law.
(4) In the case that a clause is affected by nullity, due to the fact that establishes rights
or obligations for the employees, that contravene to certain imperative legal norms
or to the applicable collective contracts of work, this is replaced by right with
applicable legally disposals, the employee having the right to be compensated.
(5) The persons that performed an activity under a null individual contract of labor have
the right to compensation, corresponding to the works attributions fulfillment.
(6) The nullity establishment and also the establishment of its effects can be done by the
parties agreement.
(7) If the parties do not agree, the nullity is pronounced by the court of law.
SECTION 2
THE DISMISSAL
Article 58
(1) The dismissal represents the individual contract of labor termination from the
employers decision.
(2) The dismissal may be disposed for reasons of the employee or for reasons of the
employer.

20

Article 59
Is forbidden the dismissal of the employees:
a) On sex criteria, on sexual orientation, genetic characteristics, age, national
membership, race, color, religion, political option, social origin, situation or family
responsibility;
b) For the exercise, as per the law the right to strike and syndical rights.
Article 60
(1) The employees dismissal cannot be done:

a) On the duration of temporary work incapacity established through a medical

certification as per the law;
b) During the quarantine period;
c) During the pregnancy period under the condition that the employer was informed of
this fact prior to the dismissal issuing;
d) During the maternity leave;
e) During the leave for the child taking care until 2 years, or in the case of a child with
handicap until 3 years;
f)

During the leave for the child taking care of until 7 years if the baby is sick, and for
difficult affections until 18 years;

g) During the duration of an eligible function in a syndicate, excepting the situation

when the dismissal is disposed for misbehavior, or repeatedly.
h) During the annual leave period
(2) The provisions of paragraph (1) are not applied in the dismissal cases that are arose
from the juridical reorganization, the bankruptcy, under the law provisions.
SECTION 3
The dismissal for reasons due to the employee

Article 61
The employer may dispose the dismissal for the reasons that are due to the employee in the
following situations:

21

a) In the case that the employee made a serious abnormality or repeatedly

misbehavior, established by the individual working contract, the collective contract of
work or the internal rule, as a disciplinary sanction;
b) In the case that the employee is under arrest for a period larger than 30 days, as per
the conditions of the Code of Procedure;
c) In the case that, by the decision of the competent authorities for medical expertise is
established the physical and mental unfitness, fact that does not allow the employee
to fulfill the obligations at the place of work;
d) In the case that the employer does not correspond to the job that is doing;
Article 62
(1) In the case that the dismissal occurs for one of the reasons provided by the article 61
letters b) d), the employer has the obligation to issue the dismissal decision in a
term of 30 calendar days from the dismissal cause establishment.
(2) In the case that the dismissal occurs for the reason provided at article 61 letter a) the
employer may issue the decision for dismissal only by observing the provisions of
article 247 252.
(3) The decision is issued in written, and under the absolute nullity sanction, must be
motivated and to include motivations with the term in which can be claimed and also
the court of law where can be claimed.
Article 63
(1) The dismissal for the commitment of a serious misconduct from the work discipline
may be disposed only after the fulfillment of the employer a prior research and in the
terms established by this code.
(2) The employees dismissal for the reason provided at article 61, letter d) may be done
only after the evaluation of the employee, as per the evaluation procedure
established by the collective contract of labor, or, in its lack, by the internal rules.
Article 64
(1) In the case that the dismissal is disposed for the reasons provided by article 61
letters c) and d) and also in the case that the individual contract of labor is
terminated by right as per the article 56 paragraph (1) letter e), the employer has the
obligation to propose the employee another free jobs in the company, compatible
with its personal training or, as per the case, with the working capacity established
by the doctor.
(2) In the case that the company does not have any vacancy jobs as per paragraph (1),
the employer has the obligation to request for help at the territory agency in order to
redistribute the employee, corresponding with its professional training and/or, as per
the case the working capacity established by the doctor.

22

(3) The employee has as disposal a term of 3 working days to communicate to the
employer, as per the provisions of paragraph (1), for putting in written the agreement
regarding the new job that was offered.
(4) In the case that the employee does not manifest the agreement in written as per
paragraph (3), and also after the notification received from the territory agency as
per paragraph (2), the employer may dispose the employees dismissal.
(5) In the case of dismissal provided at article 61 letter c), the employee benefits of a
payment, as per the conditions established in the collective contract of labor or in the
individual contract of labor, as per the case.
SECTION 4

The dismissal for reasons out of the employees will

Article 65
(1) Dismissal for reasons out of the employees will represent the termination of the
individual contract of labor on a defined by the job elimination, for one or more
reasons that have no connection with the employee.
(2) The job elimination must be effective and to have a real and serious cause.
Article 66
The dismissal for reasons beyond the employee may be individual or collective.
Article 67
The employees that are dismissed for reasons beyond them are taking benefit of active
measures to fight against the unemployment and can benefit of compensations under the
conditions provided by the law and by the applicable collective contract of labor.
SECTION 5
The collective dismissal. Information, consulting of the employees and the procedure for the
collective dismissal.
Article 68
(1) By the collective dismissal is understood the dismissal, in a period of 30 days, for one
or more reasons, that are beyond the employee, a number of:
a) At least 10 employees if the employer has more of 20 employees and less 100
employees;
b) At least 10% of the employees, if the employer has at least 100 employees but not
more than 300 employees;
c) At least 30 employees, if the employer has at least 300 employees;

23

(2) At the establishment of the effective number of employees that are collective
dismissed, as per paragraph (1), are taken into account also those employees to
whom the contract of labor were terminated at the initiative of the employer for one
or more reasons, without any connection with the employee, with the condition of
existing at least 5 dismissals.
Article 69
(1) In the case that the employer intends to effectuate collective dismissals, has the
obligation to initiate on due time and in order to get to an understanding, in the
conditions established by the law, consulting with the syndicate, or as per the case,
with their representatives, in which regards:
a) The methods and the means to avoid the collective dismissals or to reduce the
number of the employees that are going to be dismissed;
b) The attenuation of the dismissal consequences by resorting to social measures
being are in question, the support for the requalification or the professional
reconversion of the dismissed employees.
(2) In the period when are made consulting, as per the paragraph (1) in order to allow
the syndicate or the representatives of the syndicate to make proposals in due time,
the employer has the obligation to set to their disposal all the relevant information
and to notify in written the following:
a) The total number and the category of the employees;
b) The reasons that determine the dismissal;
c) The number and the categories of employees that are going to be affected by the
dismissal;
d) The criteria taken into account, as per the law/the collective contract of labor in
order to establish the priority order for dismissal;
e) The measures taken into account for limitation the number of dismissals;
f)

Measures for diminish the consequences of the dismissal and the compensations
that are following to be paid to the dismissed employees, as per the legal
provisions and/or the applicable collective labor contract;

g) The starting date or the periods during which are going to be the dismissals;
h) The term when the syndicate or the syndicate representatives are going to make
proposals for avoiding or diminish the number of dismissed employees;
(3) The criteria provided at paragraph (2) letter d) are applied to make the difference
between the employees after the evaluation of the performance objectives.
(4) The obligations provided at the paragraph (1) and (2) are maintained even if the
decision that determines the collective dismissals is taken by the employer or by a
company that has the control towards the employer.

24

(5) In the situation that the decision which determines the collective dismissals is taken
by a company that has the control towards the employer, this cannot prevail in the
non observance of the obligations provided by paragraph (1) and (2), by the fact that
the respectively company did not offer the necessary information.
Article 70
The employer has the obligation to set to the disposal of the labor inspectorate a copy of the
notification provided by article 69, paragraph (2) in the same date when was communicated
to the syndicate, or as per the case, to the representatives of the employees.
Article 71
(1) The syndicate or, as per the case, the representatives of the employees can propose
to the employer measures for avoiding the dismissal or the diminish of the
employees number, in a term of 10 calendar days from the notification receiving.
(2) The employer has the obligation to answer in written to the proposals that were
made as per the provisions of paragraph (1), in a term of 5 calendar days from their
receipt.
Article 72
(1) In the situation that, after consulting with the syndicate or the employees
representatives, as per the provisions of article 69 and 71, the employer decides to
apply measures for collective dismissal, has the obligation to notify in written the
labor inspectorate with at least 30 calendar days before the date of issuing of the
dismissal documents.
(2) The notification provided at paragraph (1) must include all the relevant information in
which regards the dismissal decision, provided by article 69, paragraph (2) and also
the consulting results with the syndicate or the employees representatives, provided
by article 69 paragraph (1) and article 71, mainly the reasons for dismissal, the
number of the employees affected and the starting date or period when are going to
take effect these dismissals.
(3) The employer has the obligation to communicate a copy of the notification provided
at paragraph (1) to the syndicate or to the representatives of the employees, at the
same date when was communicated to the labor inspectorate.
(4) The syndicate or the representatives of the syndicate can send their points of view to
the labor inspectorate.
(5) At the motivated request of each of the parties, the labor inspectorate, with the
notice from the territorial agency for the manpower, may dispose the period provided
at paragraph (1), without any change to the individual rights in which regards the
notice period.
(6) The territorial labor inspectorate has the obligation to inform in a term of 3 working
days to the employer and the syndicate or the employees representative, the period

25

provided at paragraph (1) reduction or prolongation and also regarding the reasons in
which basis was taken this decision.
Article 73
(1) In the period provided at article 72 paragraph (1) the territorial agency must look up
for solutions for the problems and to communicate in due time to the employer or to
the syndicate, or as per the case, to the employees representatives.
(2) At the motivated request of each part, the territorial labor inspectorate, by consulting
the territorial agency, may dispose the postponement of the decisions issuing with
maximum 10 calendar days, in the case that aspects that have connection with the
collective dismissal cannot be solved until the date established in the notification of
collective dismissal provided at article 72 paragraph (1).
(3) The labor territorial inspectorate has the obligation to inform in written the employer
and the syndicate or the representatives of the employees, as per the case, in which
regards the postponement moment for the decisions issuing and also regarding the
reasons that were the basis of this decision, before the expiry of the initial period
provided at article 72 paragraph (1).
Article 74
(1) In a term of 45 calendar days from the dismissal date, the employee that was
dismissed by collective dismissal has the right to be re employed with priority on the
job that is re established in the same activity, without any examination or test, and
without a test period.
(2) In the case that, during the period provided at paragraph (1) are restarted the same
activities, the employer will communicate in written the employees that were
dismissed that the activity is restarted under the same conditions of professional
competence.
(3) The employees have a term of maximum 5 calendar days from the employers
communication receipt, provided at paragraph (2) to put in written their agreement in
which regards the offered job.
(4) In the situation that the employees do not put in written their agreement under the
terms of paragraph (3) or they refuse the job, the employer can employ new
personnel for the unoccupied jobs.
(5) The provisions of articles 68 73 do not apply to the employees from public
institutions or public authorities.
(6) The provisions of articles 68 73 are not applied in the case of individual labor
contracts that were concluded for a definite period of time, excepting the case when
these dismissals are made before the contract expiry.
SECTION 3
The right of notice

26

Article 75
(1) The dismissed persons in the terms of article 61 letters c) and d), article 65 and 66
benefit of a notice than cannot be smaller than 20 working days.
(2) Are exceptions from the provisions of paragraph (1) the persons that are dismissed
under article 61, letter d) that are in the test period.
(3) In the case that during the notice period the labor contract is terminated, the notice
term will be also terminated, excepting the case provided by article 51 paragraph (2).
Article 76
The decision for dismissal is communicated to the employee in written and must contain
mandatory the following:
a) The reasons that determine the dismissal;
b) The notice duration;
c) The criteria for establishing the priorities as per article 69 paragraph (2) letter d), but
only in the case of collective dismissal;
d) The list of all available jobs in the company and the term when the employees can
apply for a unoccupied job, under the conditions of the article 64.
Article 77
The decision for dismissal produces its effects from its communication date to the employee.
SECTION 7
The check and the illegal dismissal enforcement
Article 78
The dismissal that was disposed by the non observing of the procedure provided by the law
is totally null.
Article 79
In the case of a labor conflict the employer cannot invoke in front of the court of law other
reasons than the ones written in the dismissal decision.
Article 80
(1) In the case that the dismissal was made illegal, the court of law will dispose its
cancelling and will oblige the employer to make a payment to the employee equally
with the updated salaries and with the other rights that would have taken benefit the
employee.

27

(2) At the request of the employee that court of law that disposed the cancellation of the
dismissal will set the parts in the situation before the issuing of the dismissal
document.
(3) In the case that the employee does not request the setting in the situation before the
issuing of the dismissal document, the contract of labor will be terminated by right at
the date established by the court of law.
SECTION 8
The resignation
Article 81
(1) By resignation is understood the unilateral fact, by the willing of the employee, that,
by a written notification, communicates to the employer the individual labor contract
termination, after the fulfillment of a certain period of notification.
(2) The employer is obliged to register the employees resignation. The refusal to registry
the resignation gives the right to the employee to prove it by any means.
(3) The employee has the right to not motivate the dismissal.
(4) The term of notification is the one agreed by the parties in the individual contract of
labor, or, as per the case, the one provided in the collective contracts of labor
applicable and cannot be bigger than 20 working days for the employees with jobs in
execution and respectively 45 working days for the employees that are in the
management team.
(5) During the duration of the notice the contract of labor continues to produce its
effects.
(6) In the situation that during the notice period the contract of labor is suspended, the
notice term will be properly suspended.
(7) The individual contract of labor terminates at the date of the expiry of the notice or
at the date of partially or totally renouncement by the employer at the respectively
term.
(8) The employee can resign without an informing notice if the employer does not fulfill
its obligations assumed by the individual contract of labor.
CHAPTER VI
The individual contract of labor on a definite period of time
Article 82
(1) By derogation from the rule provided at article 12, paragraph (1), the employers have
the possibility to employ, in the cases and under the conditions established by this
code, personnel with a contract of labor concluded on a definite period of time.

28

(2) The individual contract of labor on a definite period of time can be concluded only in
written, by clearly expressing the period of concluding.
(3) The individual contract of labor concluded on a definite period of time may be
prolonged, under the conditions stipulated by article 83, and after the initial term
expiry, by both parties agreement, for a project execution period, program of a
certain work finalization.
(4) Between the same parties can be successively concluded at most 3 individual
contracts of labor on a definite period of time.
(5) The individual contracts of labor on a definite period of time concluded in a term of 3
months from the termination of a contract concluded on a definite period of time are
considered successive and cannot have a duration longer than 12 months each one
of them.
Article 83
The individual contract of labor can be concluded on a definite period of time only in the
following cases:
a) The replacement of an employee in the case of termination of its contract, excepting
the case when that employee participates to strikes;
b) The increment and/or the temporary modification of the employers activity structure;
c) The execution of certain seasonal activities;
d) Under the situation that is concluded under the terms of legally provisions issued
with the purpose to temporary befriend certain categories of persons without a job;
e) The employment of one person, that in a term of 5 years from the employment date
fulfills the conditions to retire as per the age limit;
f)

Having an eligible job within the syndicate organizations during the period of terms of
office;

g) The employment of the retired persons that, as per the law, can accumulate the
allowance with the salary;
h) In other cases express provided by special laws or for the execution of certain works,
projects or programs;
Article 84
(1) The individual contract of labor concluded on a definite period of time cannot be
concluded for a period bigger than 36 months.
(2) In the case that the individual contract of labor concluded of a definite period of time
is concluded for replacing an employee that has his contract suspended, the contract
of labor will expiry in the moment of termination of the reasons that determined the
individual contract of labor suspension.

29

Article 85
The employee that has concluded an individual contract of labor on a definite time period
can have a trial period that will not overdraw:
a) 5 working days for an individual contract of labor with a period smaller than 3
months;
b) 15 working days for an individual contract of labor with the period concluded
between 3 and 6 months;
c) 30 working days for an individual contract of labor with a period bigger than 6
months;
d) 45 working days in the case of the employees that have a management job, for an
individual contract of labor bigger than 6 months.
Article 86
(1) The employers are obliged to inform the employees with whom have concluded an
individual contract of labor with a definite period of time about the unoccupied jobs
or the jobs that will become unoccupied, that correspond with their professional
training and to assure the access to these jobs under equal conditions with the
employees that are having an individual contract of labor.
(2) A copy of the announcement provided at paragraph (1) is sent to the syndicate and
to the employees representative.
Article 87
(1) With reference to the employment conditions and the job, the employees that have
an individual contract of labor concluded are not going to be treated less favorable
than the permanent employees, by comparing only the reason of the contract
duration, excepting the case that the different treatment is due to other objective
reasons.
(2) As per paragraph (1) the permanent employee is an employee that has an individual
contract of labor concluded on an indefinite period of time and has the same
activities or similar with the employee that has an individual contract of labor
concluded on a definite period of time.
(3) In the case when in the same company there is no other employee that has a
contract concluded on a definite period of time to whom can be compared, are taken
into account the conditions stipulated by the collective contract of labor, and in its
lack, the internal rules.
CHAPTER VII
Temporary work
Article 88

30

(1) Temporary work is the work performed by a temporary employee that has concluded
a temporary contract of work with a company and who is set at the disposal of the
employer and under its supervision to temporary work.
(2) The temporary employee is the person that concluded a temporary contract of work
with an agent that performs temporary works, in order to set to its disposal its
services under the leading and its supervision.
(3) The temporary work agent is the juridical person, authorized by the Ministry of Labor,
Family and Social Protection, that concludes temporary contract of labor with
temporary employees, in order to work during the period established by the contract.
The conditions of functioning of the temporary work agent, and also the authorization
procedure are established by the Government decision.
(4) The user is an individual or a juridical person for whom and under whom supervision
a temporary employee is developing the activity.
(5) Temporary works means that the temporary employee is set to the disposal of the
user in order to perform a temporary job, under its supervision, in order to execute a
precise objective with a temporary character.
Article 89
A user may call for temporary work agents for the execution of a precise target which has a
temporary character, excepting the case provide by article 93.
Article 90
(1) Temporary work mission is established for a term that cannot be longer than 24
months.
(2) The duration of the temporary works may be successively prolonged on successive
periods of time, that added to the initial duration of the mission cannot exceed a
period of 36 months.
(3) The conditions in which the duration of a temporary job can be prolonged are
provided in the temporary contract of labor and can be issued an addendum to this
contract.
Article 91
(1) The temporary work agent set to the disposal of the user an employee that has
concluded a temporary contract of work, in the basis of a contract of setting to the
disposal concluded in written.
(2) The contract of setting to disposal must include:
a) The mission duration;
b) The characteristics specific to the job, mainly the necessary qualification, the place
where the mission is developed and the working program;

31

c) The concrete labor conditions;

d) Individual equipments for protection that has to use the temporary employee;
e) Any other services to facilitate the temporary employee;
f)

The value of the rake off that receives the temporary work agent and also the
remuneration that has the right to receive the employee;

g) The conditions under which the user can refuse a temporary employee that was set
to its disposal by an agent;
(3) Any clause by which is forbidden the employment by the user of the temporary
employee after the fulfillment of the job becomes null.
Article 92
(1) The temporary employees have access to al the services and facilities granted by the
user, under the same conditions as the other employees.
(2) The user is obliged to assure to the temporary employee all the individual
equipments for protection and labor, excepting the situation that as per the setting to
the disposal contract, this endowment has to be performed by the temporary work
agent.
Article 93
The user cannot take benefice of the services of the temporary employee, if in this manner
follows to replace an employee that has a suspended contract of labor and whom contract is
suspended for participating to a strike.
Article 94
(1) The temporary contract of labor is an individual contract of labor that is concluded in
written between the temporary labor agent and the temporary employee, under
mission duration.
(2) In the temporary contract of labor is stated, besides the elements stipulated at the
articles 17 and 18, paragraph (1), the conditions under which the mission is going to
be developed, the identity and the headquarters of the user and also the quantum
and the modality of payment.
Article 95
(1) The temporary contract of labor can be conclude for more missions, by observing the
term provided by article 90, paragraph (2).
(2) The temporary work agent can conclude with the temporary employee a contract on
an indefinite period of time, situation in which in the period between 2 missions the
temporary employee is at the disposal of the temporary labor agent.

32

(3) For each new mission between the parties is concluded a new contract of temporary
work, in which will be stated all the elements provided by article 94 paragraph (2).
(4) The temporary work contract ends at the mission termination for which was
concluded or if the user gives up of its services before the mission is ended, under
the conditions of the setting to the disposal contract.
Article 96
(1) On the whole duration of the mission the temporary employee benefits of a salary
paid by the temporary labor agent.
(2) The salary received by the temporary employee for each mission is established by
direct negotiation and cannot be smaller than the minimum gross salary from the
country.
(3) The temporary work agent is the one that keeps and pays all the taxes afferent to the
temporary employee to the state budget and pays all the contributions as per the
law;
(4) In the case than in a term of 15 calendar days from the maturity date of the
obligations, and the temporary labor agent does not pay, they are going to be paid
by the user in the basis of the request of the temporary agent.
(5) The user that paid the amounts owed as per paragraph (4) asks for the paid amount
to the temporary labor agent.
Article 97
By the temporary work contract can be established a test period for the mission
accomplishment, which duration cannot be longer than:
a) 2 working days, in the case that the temporary labor contract is concluded for a
period smaller or equal with 1 month;
b) 5 working days, in the case that the temporary labor contract is concluded on a
period between 1 and 3 months;
c) 15 working days, in the case that the temporary contract of labor is concluded for a
period between 3 and 6 months;
d) 20 working days, in the case that the temporary labor contract is concluded for a
period bigger than 6 months;
e) 30 working days, in the case of the employees that have a management job, on a
contract duration bigger than 6 months;
Article 98
(1) During the mission the user is responsible for the conditions assurance for the
temporary employee, as per the law in force;

33

(2) The user will notify as soon as possible the temporary labor agent in the case of any
work accident or disease that was discovered and which victim was the temporary
employee that was set to his disposal by the temporary labor agent.
Article 99
(1) At the mission finalization the temporary employee can conclude with the user an
individual contract of labor.
(2) In the case that the user employees, after a mission, a temporary employer, the
duration of the executed mission is taken into account the salary right establishment
and also of all the other rights established by the labor legislation.
Article 100
The temporary labor agent who dismisses the temporary employee before the term provided
in the contract, for other reasons besides the discipline ones, has the obligation to observe
the legal regulation in which regards the individual labor contract termination for reasons
that are not due to the employee.
Article 101
Excepting the contrary special disposals provided in the present chapter, the legally
provisions, the internal rules, and also stipulated in the applicable collective contracts of
labor for the individual labor contract concluded on an indefinite period of time are applied
also to the temporary employees during their missions.
Article 102
The temporary labor agents do not request for any tax to the temporary employees in the
change of their employment of for concluding a temporary contract of labor.
Chapter VIII
Individual part-time contract
Article 103
The employee hired under a part-time contract which working hours number, weekly
calculated or as a monthly average, is inferior to the normal working hours of a full contract
of work.
Article 104
(1) The employer can conclude part-time contracts on a definite or indefinite period of
time, named part-time contracts.
(2) The part-time contract is concluded only in written.
(3) The comparison salary is the full salary from the same company, that has the same
type of labor contract, is performing the same activity or a similar one with the

34

employee that has concluded a part-time contract, taking into account other reasons
as being the work experience and the qualification/the professional skills.
(4) When in the company there is no other employee which whom to make the
comparison, are taken into account the provisions from the applicable collective
contract of labor, or, in its lack, the legally regulation in force.
Article 105
(1) Part-time contract includes besides the elements provided at article 17 paragraph (3)
the following:
a) The work duration and the working program distribution;
b) The conditions under which can be modified the working program;
c) The interdiction to be performed extra hours, excepting the force majeure case or
for other urgent works in order to prevent the production of some accidents or to
remove their consequences.
(2) In the situation the in a part-time individual contract of labor are not provided the
elements included in paragraph (1), the contract is considered to be a full time
contract.
Article 106
(1) The employee that has concluded a part-time contract has the same rights as the
employees with a full-time contract, under the provisions established by the law and
the applicable collective contracts of labor.
(2) The salary rights are granted proportioned with the effective working hours, reported
to the established rights for the full time program.
Article 107
(1) The employer is obliged that, under the possibilities, to take into account the
employees requirements to transfer either from a part-time job to a full time job or
from a full time job to a part-time job or to increase the working program, in the case
that appears this opportunity.
(2) The employer has the obligation to inform in due time regarding the existence of any
part-time or full-time jobs, in order to facilitate the transfers the employees from a
full-time job to a part-time job and inversely. This information is made by an
announcement put at the headquarters of the employer.
(3) A copy of the announcement provided at paragraph (2) is sent also to the syndicate
or to the representative of the employees.
(4) The employer assures, if possible, the access to part-time job for all levels.
CHAPTER IX

35

Working at home
Article 108
(1) Are considered employees working at home, the employees that fulfill at home the
attributions specific with the job that they have.
(2) In order to fulfill the job tasks that they have, the working at home employees are
establishing their own program of work.
(3) The employer has the right to check the activity of the employee that is working at
home, under the conditions stipulated by the contract of labor.
Article 109
The individual working at home contract is concluded in written and contains besides the
elements provided by article 17 paragraph (3) the following:
a) The determination that the employee is working at home;
b) The program when the employer has the right to check the employees activity or the
concrete method of checking;
c) The employers obligation to assure the transportation to and from the employees
domicile, as per the case, of the office supply goods and the materials that are used
in the activity and also the finite products that are executed.
Article 110
(1) The employee that has a working at home job has all the rights recognized by the law
and by th collective contracts of labor applicable to the employees whom place of
work is at the headquarters of the employer.
(2) By collective contracts of labor and/or by individual contracts of labor may be
established also other specific conditions regarding the working at home, as per the
law in force.
TITLE III
Working hours and resting hours
CHAPTER I
Working hours
SECTION 1
The duration of the working hours
Article 111

36

The working hours represent any period when the employee is at the disposal of the
employer and fulfills the tasks and attribution, in conformity with the individual contract of
labor, the collective contract of labor and/or the legislation in force.
Article 112
(1) For the full time employees the normal working hours are of 8 hours/day and 40
hours/week.
(2) In the case of teenagers under the age of 18 the working duration is of 6 hour/day
and 30 hours/week.
Article 113
(1) The working hours allocation during the week is normally uniform, 8 hours per day, 5
working days a week with 2 days of rest.
(2) Depending on the companys specific and the performed job, can be chosen an
uneven repartition of the working time, by observing the normal duration of time of
40 hours per week.
Article 114
(1) The legally maximum duration of work cannot exceed 48 hours/week, including the
extra hours;
(2) Excepting, the working time duration, that includes the extra hours, may be
prolonged over 48 hours per week, under the condition that the average of the
working hours, calculated on a period of 4 calendar months not to exceed 48 working
hours per week.
(3) For certain activities or professions established by the applicable collective contract
of labor, can be negotiated, through the collective contract of labor, reference
periods longer than 4 months, but not to exceed 6 months.
(4) Under the reserve of observing the regulation regarding the employees health and
security at work, for objective reasons, technical reasons, or regarding the work
organization, the collective contract of labor may provide derogations from the
duration of the reference period established by paragraph (3) but for the reference
period that in any case not to exceed 12 months.
(5) At the establishment of the reference periods provided by paragraph (2) (4) is not
taken into account the annual leave and the individual contract of labor termination.
(6) The provisions of the paragraphs (1) (4) are not applied for the teenagers that are
under 18 years old.
Article 115
(1) For certain activities sectors, companies or professions, can be established by
collective or individual negotiation or by specific norms a daily program of works
smaller or bigger than 8 hours.

37

(2) The daily duration of 12 hours of work will be followed by a period for resting of 24
hours.
Article 116
(1) The concrete way to establish the uneven program of works within a 40 hours
working week, and also within the compressed week shall be negotiated through the
collective contract of labor, at the employers level, or in its absence, will be provided
in the internal rule.
(2) The uneven program of works can function only if is express specified in the
individual contract of labor.

Article 117
The working program and the way of its allocation are to be informed to the employees and
are posted at the headquarters of the employer.
Article 118
(1) The employer can establish individualized program of work, by an agreement or by
the request of the employee.
(2) The individualized programs of labor imply a flexible organization method of the
working hours.
(3) The daily duration of the working hours is split in 2 periods: a fixed period of time
when the personal is simultaneous at the place of work, and a variable one, a mobile
one, when the employee chooses the arrival and departure time, by observing the
daily working hours.
(4) The individualized working program may function only by observing the provisions of
article 112 and 114.
Article 119
The employer has the obligation to keep the evidence of the working hours performed by
each employee and to set to the disposal of the working inspectors any time is requested.
SECTION 2
Extra hours
Article 120
(1) The work performed besides the normal duration of the weekly program of works,
provided at article 112, is considered extra hours.
(2) The extra hours job cannot be performed without the agreement of the employee,
excepting the force majeure case or for the urgent works that are designed to
prevent certain accidents or to wear off the consequences of a certain accident.

38

Article 121
(1) At the employers request the employees can perform extra hours, by observing the
provisions of article 114 or 115 as per the case.
(2) The performance of the supplementary work over the limit established by the
provisions of articles 114 and 115, as per the case, is forbidden, excepting the force
majeure case or for other urgent works designed to prevent certain accidents or to
wear off the consequences of a certain accident.
Article 122
(1) The performed extra hours are compensated by spare hours that will be paid in the
next 60 calendar days after their performing.
(2) Under these conditions the employee benefits of the corresponding salary for the
performed extra hours over the normal program of works.
(3) During the periods of activity reduction the employer has the possibility to grant
payable days off that can be compensated with the extra hours that are going to be
performed in the next 12 months.
Article 123
(1) In the case that the compensation through payable days off is not possible in the
term provided by article 122 paragraph (1), in the next month, the extra hours are
going to be paid by adding a pay increment to the salary corresponding with its
duration.
(2) The pay increment for the extra hours, granted under the conditions provided by
paragraph (1), is established by negotiation, within the collective contract of labor,
or, as per the case, in the basis of the individual contract of labor and cannot be
smaller than 75% of the base salary.
Article 124
Young people under 18 years old cannot perform extra hours.
SECTION 3
Night shift
Article 125
(1) The work performed between 22,00-6,00 is considered night shift.
(2) The employee that works in the night shift is:
a) The person that works in a night shift at least 3 hours from its daily program;
b) The employee that is performing night shift in a proportion of 30% from its normal
program of work.

39

(3) The normal duration of working hours for the employee that works in the night shift,
will not exceed in average 8 hours per day, calculated on a reference period of 3
calendar months, by observing the legal provisions regarding the weekly resting
hours.
(4) The normal duration of the night shift employees whom activity is developed under
special conditions or are different of the normal conditions of working, will exceed 8
hours during a period of 24 hours if only the increment of this duration is provided in
the collective contract of labor and only in the situation that this provision does not
contravene to any express provisions established in the collective contract of labor
concluded at a superior level.
(5) In the situation provided by paragraph (4) the employer is obliged to grant
compensatory periods for resting equivalent or the compensation in cash for the
performed working hours in the night shift that exceeds 8 hours.
(6) The employer that, frequently uses the night shifts is obliged to inform of this activity
the labor territorial inspectorate.
Article 126
The employees that are performing night shifts are taking benefit of:
a) A reduced working program with 1 hour towards the normal duration of the working
day, for the days that performs at least 3 night working hours, without being reduced
the base salary;
b) A salary increment for the work performed during the night of 25% from the base
salary, if the working hours are representing at least 3 working hours during the night
shift from the normal working time.
Article 127
(1) The employees that follow to work during the night shift as per the conditions of
article 125, paragraph (2) are medically tested for free before starting the activity
and, after that, are periodically tested.
(2) The conditions for the medical testing and its periodicity are established by a rule
jointly approved by an order issued by the Ministry of labor, family and social
protection.
(3) The employees that are performing night shifts and the health problems appeared
due to this fact, they are moved to work on a day shift for which they are effective.
Article 128
(1) The young people that are under 18 years old cannot perform night shifts.
(2) The pregnant women, who are breast - feeding cannot be obliged to work on night
shifts.
SECTION 4

40

The norm of work

Article 129
The norm of work represents the quantity of work necessary for the execution of the
operations and works by a person with a corresponding qualification, which works with a
normal intensity, under the conditions of certain technological process. The working norm
includes the productive time, time for interruptions imposed by the technological process,
time for legal breaks during the legal program of works.
Article 130
The working norm is expressed, depending on the production characteristics process or by
other activities, as time norms, production norms, personnel norms, attributes or other forms
corresponding for each activity.
Article 131
The working norm is applied for each category of employee.
Article 132
The working norms are elaborated by the employer, in conformity with the norms in force,
or, in the case that there are no norms, the working norms are elaborated by the employer,
after consulting the syndicate or, as per the case, the employees representatives.
CHAPTER II
Periodically rest
Article 133
The rest period represents any period that do not represent a working period.
SECTION 1
The lunch break and the daily rest
Article 134
(1) In the cases that the daily duration of the working program is bigger than 6 hour, the
employees have the right to the lunch break and to other breaks, under the
conditions established by the applicable collective contract of labor and by the
internal rule.
(2) The young people with the age under 18 years old benefit of a lunch break of at least
30 minutes, in the case that the daily program of work is bigger than 4 hours and a
half.
(3) The breaks, excepting the contrary provisions from the applicable collective contract
of labor and from the internal rule, are not included in the daily normal duration of
the working program.

41

Article 135
(1) The employees have the right between 2 working days of a rest period that cannot
be smaller than 12 consecutive hours.
(2) Excepting the work in shifts, the rest period cannot be smaller than 8 hours between
the shifts.
Article 136
(1) The work in shifts represents any method of working time organization, according to
which the employees succeed one another on the same working post, as per a
certain program, including the circular program, that can be continuous or
discontinuous, implying for the employee the necessity to execute an activity in
different hours interval in report with a daily or weekly period established by the
individual contract of labor.
(2) The employee that works in shifts is any employee whose working program is
performed in shifts.
SECTION 2
The weekly rest
Article 137
(1) The weekly rest is granted between 2 consecutive days, generally on Saturday and
Sunday.
(2) In the case that the rest during Saturdays and Sundays would prejudice the public
interest or the normal activity development, the weekly rest can be granted in the
days established in the applicable collective contract of labor and by the internal rule.
(3) In the situation provided at paragraph (2) the employees will benefit of a salary
increment established by the collective contract of labor or, as per the case, by the
individual contract of labor.
(4) As an exception, the weekly days for rest are granted accumulated, after a
continuous activity period that cannot exceed 14 calendar days, by the agreement
received from the working territorial inspectorate or the agreement received from the
syndicate or, as per the case, by the employees representatives.
(5) The employees for whom the weekly rest period is granted under the conditions of
paragraph (4) have the right to receive a double compensation as per article 123
paragraph (2).
Article 138
(1) In the case of some urgent works, which immediately execution is necessary for the
organization of certain measures for persons saving or the employers goods, in order
to avoid imminent accidents or in order to avoid the effects that these accidents

42

produced towards the materials, installations or to the buildings, the weekly rest can
be suspended for the personnel in need in order to execute these works.
(2) The employees of whom the weekly rest was suspended under the conditions of
paragraph (1) have the right to receive double compensation as per article 123
paragraph (2).
SECTION 3
Legal holidays
Article 139
(1) The legal holidays when is not working are:
-

The 1st and 2nd of January

The first and the second day of Easter;

The first and the second day of Rusalii

The 15th of August

The 30th of November St. Andrei

The 1st of December;

The first and the second day of Christmas;

2 days for each of the 3 annual religious holidays, declared by other the legal
religion, besides the Christian ones, for the persons that belong to these religions.

(2) The granting of these spare days is made by the employer;

Modified by
Law no. 147/2012 for the modification of the article 139 paragraph (1) from the Law no.
53/2003 Code of labor dated 23rd July 2012, Official Monitor 509/2012
Article 140
By the Government decision are going to be established working programs for the sanitary
units and for the public alimentation, in order to assure the sanitary assistance and
respectively the supply with food products of strictly necessity, which application is
mandatory.
Article 141
The provisions of the article 139 are not applied to the working points where the activity
cannot be interrupted due to the production process or the activitys specific.
Article 142

43

(1) To the employees that are working in the units provided at article 140, and also at the
working points stipulated by article 141 are assured compensation with days off in
the next 30 days.
(2) Under the conditions that, for justified reasons, are not granted the days off, for the
labor performed during the holidays days, the employees are taking a benefit that
cannot be smaller than 100% from the basis salary corresponding to the works that
were performed in the normal program of works.
Article 143
By the applicable collective contract of labor can be established also other spare days.
CHAPTER III
Annual leave
SECTION 1
The annual leave and other leaves for the employees:
Article 144
(1) The right to paid annual leave is granted to all the employees.
(2) The right to the annual leave cannot form the right to any transfer, waiver, or a
limitation.
Article 145
(1) The minimum duration of the annual leave is of 20 working days.
(2) The effective duration for the annual leave is established in the individual contract of
labor, by observing the law and the applicable collective contracts and is granted
proportionally with the activity performed during a calendar year.
(3) The legal holidays when is not performed any work and also the payable days off
established by the collective contract of labor are not included in the annual leave
duration.
Article 146
(1) The annual leave is effectuated each year.
(2) As an exception to the provisions of paragraph (1), the effectuation of the annual
leave during the next year is allowed only in the express cases provided by the law or
in the cases provided in the applicable collective contract of labor.
(3) The employer is obliged to grant the annual leave until the finalization of the
following year to all the employees that during a calendar year did not integrally
benefit of the annual leave that they have right to.

44

(4) The compensation in cash for the annual leave that was not performed is allowed
only in the case of termination of the individual contract of labor.
Article 147
(1) The employees that are working in difficult conditions, dangerous or damaging
conditions, blind persons, disabled persons and young persons with the age under 18
years are taking a benefit of a supplementary holiday with at least 3 working days.
(2) The number of the working days afferent to the supplementary annual leave for the
categories of personnel mentioned at paragraph (1) is established in the applicable
collective contract of labor and will be at least of 3 more working days off.
Article 148
(1) The annual leave is taken in the basis of a collective or individual schedule
established by the employer by consulting the syndicate or, as per the case, the
employees representatives, for the collective schedule, or by consulting the
employee, for the individual schedule. The annual leave schedule is made by the
calendar year finalization for the following year.
(2) By collective schedule can be established the annual leave periods that cannot be
smaller than 3 months for the personnel categories or the working places.
(3) By individual schedule can be established the date of the annual leave effectuation,
or, as per the case, the period when the employee has the right to effectuate the
annual leave, period that cannot be longer than 3 months.
(4) During the established periods as per the paragraphs (2) and (3) the employee may
ask fo the annual leave effectuation with at most 60 days prior its effectuation.
(5) In the case that the annual leave schedule is effectuated in more parts, the employer
is obliged to established the program as each employee to effectuate in each
calendar year at least 10 days of annual leave not interrupted.
Article 149
The employee is obliged to effectuate his annual leave during the period that was
scheduled, excepting the unforeseen situations provided by the law or, when, by objective
reasons, the annual leave cannot be taken.
Article 150
(1) For the period of the annual leave the employee benefits of a payment, that cannot
be smaller than the basis salary, the salary increment afferent to the respectively
period, provided in the individual contract of labor.
(2) The payment for the annual leave represents the average of the salary rights
provided at paragraph (1) from the last 3 months anterior to the month when the
annual leave is taken, multiplied with the number of the leave days.

45

(3) The payment for the annual leave is paid by the employer with at least 5 working
days before going in the annual leave.
Article 151
(1) The annual leave can be interrupted, at the request of the employee, for objective
reasons.
(2) The employer can ask for the presence of the employee at the place of work in the
case of force majeure or for urgent interests that impose the presence of the
employee at the place of work. In this case the employer has the obligation to pay to
the employee and his family all the expenses for coming back to work, and also the
eventually prejudices due to the returning to work.
Article 152
(1) In the case of some familiar particular events the employee has the right to receive
paid days off, that are not included in the duration of the annual leave.
(2) The familiar particular events and the number of the days off are paid and are
established by the law, by the collective contract of labor or by the internal rules.
Article 153
(1) For solving some personnel situations the employees have the right to receive days
off without any payment.
(2) The duration of the unpaid days off is established by the applicable collective
contract of labor or by the internal rules.
SECTION 2
The vacation for the professional training
Article 154
(1) The employees have the right to benefit, at their request, of the vacation for
professional training.
(2) The vacation for professional training can be granted with or without payment.
Article 155
(1) The vacations without payment for the professional training are granted at the
employees request, during the professional training period that the employee is
following as per its will.
(2) The employer can reject the employees request only if under the case that the
employees lack at work would prejudice the activity development.
Article 156

46

(1) The application for the vacation without payment for the personal training must be
handed to the employer with at least 1 month before its effects and must be
specified the date of commencement of the professional training, the field and its
duration, and also the name of the professional training company.
(2) The effectuation of the vacation without payment can be realized fractionated during
a calendar year, in order to sustain certain examination for promote in the following
year within the university, by observing the conditions established by paragraph (1)
Article 157
(1) In the case that the employer did not observed its obligation to assure on its own
expense the participation of a certain employee at the professional training under the
conditions established by the law, paid by the employer, up to 10 working days or up
to 80 hours.
(2) In the situation provided at paragraph (1) the payment for the vacation will be
established in conformity with the article 150.
(3) The period during which the employee benefits of paid vacation provided at
paragraph (1) is jointly agreed with the employer. The application for the paid
vacation for the professional training will be submitted to the employer under the
conditions provided at article 156, paragraph (1).
Article 158
The duration of the vacation for professional training cannot be deduced from the duration
of the annual leave and is assimilated to effective period of work in which regards the rights
due to the employee, others beside the salary.
TITLE IV
Salary
CHAPTER I
General provisions
Article 159
(1) The salary represents the remuneration for the performed work in the basis of the
individual contract of labor.
(2) For the work performed in the basis of the individual contract of labor each employee
has the right to receive a salary in cash.
(3) At the establishment and the salary granting is strictly forbidden any discrimination
based on sex criteria, sexual orientation, genetic characteristics, age, national
membership, race, color, ethnicity, religion, political option, social origin, handicap,
situation or family responsibility, syndicate activity.
Article 160

47

The salary includes the basis salary, the payment, salary increment and also other
supplement.
Article 161
The salaries are paid before other obligations of the employers.
Article 162
(1) The minimal salary levels are established by applicable collective contracts of labor.
(2) The individual salary is established by individual negotiations between the employee
and the employer.
(3) The system of payment of the personnel from the authorities and public institutions
totally or in majority financed from the state budget, the social assurances budget,
local budget and special founds budget are established by the law, by consulting the
representative syndical organization consulting.
Article 163
(1) The salary is confidential, the employer having the obligation to take all the
necessary measures to assure the confidentiality.
(2) In order to defend the rights of the employees, the confidentiality of the salaries
cannot be opposed to the syndicate or as per the case, to their representatives, in a
strictly connection with their interests and their direct relation with the employer.
CHAPTER II
The country minimum gross salary guaranteed to payment
Article 164
(1) The country minimum gross salary guaranteed to payment, corresponding with the
normal program of work, is established by the Government decision, after consulting
the syndicates. In the case that the normal program of works is, as per the law,
smaller than 8 hours per day, the minimum gross salary per hour is calculated by
reporting the country minimum gross salary at the average number of hours that are
monthly performed as per the agreed program of labor.
(2) The employer cannot negotiate and establish basis salaries under the individual
contract of labor under the limit of the country minimum gross salary.
(3) The employer is obliged to guarantee in payment a monthly gross salary equally at
least with the country minimum base salary. These provisions are applied also in the
case that the employee is present at work, during the program, but cannot fulfill its
activity due to reasons besides its will, excepting the strike.
(4) The country base minimum gross salary guaranteed in payment is informed to the
employees by the employer.

48

Article 165
For the employees that the employer pays the daily food, the accommodation and other
facilities, the payment in cash for the performed job cannot be smaller than the country
minimum gross salary.
CHAPTER III
The salary payment
Article 166
(1) The salary is cash paid at least once a month, at the date stipulated in the individual
contract of labor, in the collective contract of labor, or in the internal rules, as per the
case.
(2) The salary payment can be performed by a bank transfer in a bank account.
(3) The truck of a part of the salary, under the conditions established by the article 165
is possible only if is express provided in the collective contract of labor or in the
individual contract of labor.
(4) The unduly delay of the salary payment or its not payment can determine to obligate
the employer to pay the recovery of damages in order to fix the prejudice brought to
the employee.
Article 167
(1) The salary is directly paid to the holder or to its attorney.
(2) In case of the employees death its rights owed until the date of death are paid in
order to the surviving husband/wife, to the major children or to his/hers parents. If
there is no such category of persons, the salary rights are paid to other successors,
under the law conditions.
Article 168
(1) The salary payment is proved by signing the payment documents or by other
explanatory documents that can prove that the payment was performed to the
employee.
(2) All the explanatory documents are kept and filled by the employer, under the same
conditions and terms as the other accounting documents, as per the law.
Article 169
(1) Any salary retention cannot be performed, besides the cases and the conditions
provided by the law.
(2) The retentions as damages caused to the employer can be performed if only the debt
of the employees gets to the maturity date, is liquid and was ascertained by a court
of law as definite and absolute.

49

(3) In the case that the employer has many creditors shall be observed the following
order:
a) The sustentation obligations as per the family code;
b) The contributions and taxes owed to the state;
c) The damages caused to the public properties by illicit facts;
d) The recovery of other damages.
(4) All the salary retentions cumulated cannot exceed each month half of the net salary.
Article 170
The acceptance of a part of the salary right or signing payment documents in such situations
can not signify the abandonment from the employee to his salary rights that are ought to
the employee, as per the legal or contractual provisions.
Article 171
(1) The right to action in which regards the salary right, and also the damages resulted
from the totally or partial non execution of the salary obligations is dispensed in a
term of 3 years from the date the rights were due.
(2) The dispensed term provided at paragraph (1) is interrupted in the case that there
occurs recognition from the debtor in which regards the salary rights or that derives
from the salary payment.
CHAPTER IV
The guarantee found for the payment of the receivable salary
Article 172
The constitution and the usage of the guarantee found for the receivable salaries payment
are to be established by a special law.
CHAPTER V
The protection of the employees rights in the case of company, unit or a part of it transfer
Article 173
(1) The employees benefit of their rights protection in the case that there is produced a
transfer of the company, unit or part of the unit to another employer, as per the law.
(2) The rights and the obligations of the assignor that result from a contract or a labor
report existent at the date of the transfer, are going to be totally transferred to the
assignee.
(3) The company transfer, the unit transfer or of some parts of it cannot be a reason for
individual or collective dismissal of the employees by the assignor or by the assignee.

50

Article 174
The assignor and the assignee have the obligation to inform and to consult, before the
transfer is performed, to the syndicate, or as per the case, to the employees
representatives regarding the juridical implications, economic and social towards the
employees, resulting from the property right transfer.
TITLE V
Work Health and Security
CHAPTER I
General rules
Article 175
(1) The employer has the obligation to assure the health and safety of its employees in
all the aspects connected to work.
(2) If an employer falls back on persons or outside services, is not exonerated of liability
in this field.
(3) The obligations of the employees in the work health and security field cannot
prejudice the employers responsibilities.
(4) The measures regarding the work health and security cannot determine, in any case,
financial obligations for the employees.
Article 176
(1) The provisions of the present title are completed with the special laws provisions, the
applicable collective contracts of labor and also with the norm and normative for
work protection.
(2) The norm and normative for the labor protection can establish:
a) General measures for the work protection for preventing the work accidents and
professional disease;
b) Measures for the work protection, distinctive for certain professions or activities;
c) Certain protection measures, applicable to particular category of personnel;
d) Provisions with reference to the organization and functioning of certain special
organisms for assure the work security and safety.
Article 177
(1) In the case of its own responsibilities the employer will take necessary measures for
protecting the employees health and security, including the activity of preventing the
professional risks, informing and preparation, and also for setting in application the
organization of the work protection and the specific means in need.

51

(2) In the adoption and the implementation of the measures provided by paragraph (1)
will be taken into account the following preventive measures:
a) Risks avoiding;
b) The evaluation of the risks that cannot be avoided;
c)

Risks control from their source;

d) The work adaption for each type of person in which regards the jobs and choosing
the equipments and the productive methods of work, in order to diminish the
monotonous work and also to reduce the negative effects toward the health;
e) Taking into account the technical evolution;
f)

The replacement of what is dangerous with what is not dangerous or what is less
dangerous;

g) The prevention planning;

h) To adopt collective protection measures prior to the individual protection
measures;
i)

To instruct the employees in which regards all the protection information.

Article 178
(1) The employer is responsible for the work safety and healthy assurance organization.
(2) In the internal rules is mandatory to be included the rules regarding the work health
and safety.
(3) In the elaboration of the work safety and health measures the employer consults with
the syndicate and, as per the case, with the representatives of the employees, and
also with the committee of work health and security.
Article 179
The employer has the obligation to assure all the employees for the accidents risk and
professional diseases, as per the law.
Article 180
(1) The employer has the obligation to organize and to instruct the employees in its field
of work health and security.
(2) The instruction is made periodically, by specific methods, jointly agreed by the
employer with the committee of work health and security and with the syndicate, or,
as per the case, with the employees representatives.
(3) The instruction provided by paragraph (2) is executed mandatory in the case of the
new employees, to the ones that are changing their place of work or the type of work

52

and the ones that are restarting the activity after a interruption longer than 6
months. In all these cases the instruction is made before the job effective starting.
(4) The instruction is mandatory also in the situation in which there appear modifications
of the legislation in force.
Article 181
(1) The jobs must be organized thus to guarantee the employees health and security.
(2) The employer must organize the permanent check of the materials status,
equipments and the substances used in the working process in order to assure the
employees health and security.
(3) The employer is responsible for the assurance to grant the first aid in case of labor
accidents, in order to avoid fires and for the employees evacuation in case of special
situations and in case of imminent danger.
Article 182
(1) In order to assure the work health and security the institution agreed by the law can
dispose the limitation in manufacturing, marketing, import or usage of the
substances or the dangerous substances usage for the employees.
(2) The state inspectorate can impose to the employer, by the help of the doctor in labor
medicine, to request to the competent authorities, by payment, analysis and checks
on certain substances, which are considered to be dangerous in order to know their
composition and the effects that can produce to the human organism.
CHAPTER II
The committee for the work health and safety
Article 183
(1) At the level of each employer is constituted a committee for the labor health and
security, with the purpose to assure the implication of the employees in the
elaboration and the application of the decisions in the work protection field.
(2) The committee for the work safety and security is made within the companies from
the public sector, private sector, with foreign capital which develops activities on the
Romanian territory.
Article 184
(1) The committee for the work health and safety is organized by the juridical persons
that have at least 50 employees.
(2) In the case that the performed activities are hard, harming or dangerous, the labor
inspectorate can ask to be established these committees also for the companies that
have less than 50 employees.

53

(3) In the case that the activity is performed in units that are territorial scattered, can be
established more committees for the labor health and security. Their number is
established by the applicable collective contract of labor.
(4) The labor committee for work health and security coordinates the security and health
measures at work also in the case that the activities are temporary development,
with duration larger than 3 months.
(5) In the situation that is not imposed the establishment of the work security and health
committee, its responsibilities would be fulfilled by a responsible with the work
protection named by the employer.
Article 185
The component, the specific responsibilities and the committee functioning are regulated by
the Government decision.
CHAPTER III
The employees protection by medical services
Article 186
The employers have the obligation to assure the access of the employees at the medical
services of the occupational medicine.
Article 187
(1) The medical service for the occupational medicine can be an independent service
organized by the employer or a service assured by an association.
(2) The duration of the work performed by the doctor of occupational medicine is
calculated depending on the number of the employees.
Article 188
(1) The occupational medicine doctor is a employee, with a certificate for his occupation,
with a contract of labor concluded with the employer or an association.
(2) The occupational medicine doctor is independent in its job performance.
Article 189
(1) The main tasks of the occupational medicine doctor consist in:
a) The prevention of the work accidents and professional diseases;
b) The effective supervision of the hygiene and work health conditions;
c) Assurance of the medical check of the employees at the employment and during the
execution of the individual contract of labor.

54

(2) In order to fulfill the tasks that has, the occupational medicine doctor, can propose to
the employer to change the place of work, the type of work of certain employees,
due to their health status.
(3) The occupational medicine doctor is a member of full right in the work health and
security committee.
Article 190
(1) The occupational medicine doctor establishes every year an activity program for
improving the working environment from the health point of view for each employer.
(2) The program elements are specific for each employer and are sent for agreement to
the committee of work health and security.
Article 191
By a special law are going to be established the specific attributes, the way to organize the
activity, the checking authorities and also the professional statute specific to the
occupational medicine doctor.
TITLE VI
Professional training
CHAPTER I
General provisions
Article 192
(1) The professional training of the employees has the following main objectives:
a) The adaptation to the job request or the place of work request;
b) The obtaining of a professional qualification;
c) The update of the knowledge and the skills specific to the job and the place of
work and the improvement of the professional training for the basis occupation;
d) Professional reconversion determined by social economic reorganization;
e) Advanced knowledge acquisition, methods and modern procedures, necessary for
the professional activity performance;
f)

The prevention of the unemployment risk;

g) The promotion in labor and the professional carrier development

(2) Professional training and the competence evaluation are made in the basis of the
occupational standards.
Article 193

55

The professional training of the employees can be made by the following forms:
a) Participation to courses organized by the employers or by services suppliers for
professional training from the country or abroad.
b) Internship for professional adapting for the job;
c) Practice and specialization in the country and outside the country;
d) Organized apprenticeship at the working place;
e) Individual training;
f)

Other training forms agreed between the employer and the employee;

Article 194
(1) The employers have the obligation to assure the participation at the professional
training programs for all the employees as follows:
a) At least once at 2 years if they have at least 21 employees
b) At least once at 3 years if they have under 21 employees
(2) The expenses with the participation to the professional training programs, assured
under the conditions of paragraph (1) are paid by the employees.
Article 195
(1) The juridical person employer that has more than 20 employees prepares and applies
each year plans for professional training, by consulting the syndicate or, as per the
case, the employees representatives.
(2) The professional training plan issued as per the provisions of paragraph (1) becomes
annex to the labor collective contract concluded at the unit level.
(3) The employees have the right to be informed regarding the content of the
professional training plan.
Article 196
(1) The participation to the professional training may take place at the initiative of the
employer or of the employee.
(2) The concrete method for professional training, the rights and obligations, the
duration of the professional training and also other aspects in connection with the
professional training, including the contractual obligations of the employee in report
with the employer that paid for the professional training are established by the
parties agreement and represent the object of annexes to the individual contracts of
labor.
Article 197

56

(1) In the case that the participation to the courses or the professional training courses is
initiated by the employer, all the expenses are paid by the employer.
(2) During the period of participation to the courses or the professional training courses
as per paragraph (1) the employee will benefit, during the whole duration of the
professional training, of all his salary rights.
(3) During the period of participation to the courses or the professional training as per
paragraph (1), the employee will benefit of work experience at the place of work, this
period being considered as paid in the system of state social assurances.
Article 198
(1) The employees that benefit of a course or professional training, under the conditions
of article 197, paragraph (1) cannot have the initiative to terminate the individual
contract of labor by the period established in the addendum.
(2) The duration of the employee obligation to perform a job in favor of the employer
that paid for the professional training and also any other aspects in which regards the
employee obligations, ulterior to the professional training, are established in the
annex to the individual contract of labor.
(3) The employees failure of the provisions included at paragraph (1) determines its
obligation to incur all expenses that were made for its professional training, in
proportion with the period that was not present at work, accordingly with the period
mentioned in the individual contract of labor.
(4) The obligation provided at paragraph (3) is refers also to the employees that were
dismissed in the period stated in the annex, for disciplinary reasons, or whom
individual contract of labor terminated as preventive arrest for a period longer than
60 days, and also in the case that the court of law forbidden the professional
exercise, definitive or temporary.
Article 199
(1) In the case that the employee has the initiative to participate to the professional
training, the employer will analyze its request jointly with the syndicate, or as per the
case, with the employees representatives.
(2) The employer will decide in which regards the request of the employee as per
paragraph (1) in a term of 15 days from its receipt. At the same time, the employer
will decide the conditions to participate at the professional training, including if is
going to partially or totally pay all the expenses.
Article 200
The employees that concluded an annex to the individual contract of labor in which regards
the professional training can receive besides the salary other benefits for their professional
training.
CHAPTER II

57

The special contracts for the professional training organized by the employer
Article 201
The professional qualification contract and the professional adaptation contract are
considered special contracts for the professional training.
Article 202
(1) The professional qualification contract is the one in which basis the employee obliges
to follow the courses organized by the employer in order to achieve a professional
qualification.
(2) Can conclude professional qualification contracts the employees with a minimum age
of 16 years old, that do not have any qualification or have a qualification that do not
allow them to keep the job at that employer.
(3) The professional qualification contract is concluded for a period of 6 months to 2
years.
Article 203
(1) Can conclude qualification contracts only the employers that are authorized by the
Ministry of labor, Family and Social Protection and by the Ministry of education,
Research, Youth and Sport.
(2) The authorization procedure and also the method of professional qualification
certification are established by a special law.
Article 204
(1) The professional adaptation contract is concluded for the beginner employees in
order to adapt at a new job, at a new place of work or in a new team.
(2) The professional adaptation contract is concluded at the same time with the
conclusion of the individual contract of labor, or, as per the case, at the beginning of
the new job, or in a new tem as per the law.
Article 205
(1) The professional adaptation contract is a contract concluded on a definite period of
time, that cannot be longer than 1 year.
(2) At the expiry term of the professional adaptation contract the employee may have to
pass an evaluation in order to establish if the employee is able to face the new job,
the new team where it follows to perform its activity.
Article 206
(1) The professional training at the employers level by special contracts is made by a
trainer.

58

(2) The trainer is named by the employer from one of the qualified employees, with at
least 2 years experience in the field where it follows to be executed the professional
training.
(3) A trainer can assure the professional training for maximum 3 employees.
(4) The professional training activity performing is included in the normal working hours
of the trainer.
Article 207
(1) The trainer has the obligation to receive, help, inform and to guide the employee
during the duration of the professional training special contract and to supervise the
attributions fulfillment corresponding to the job that was received by the employee
under training.
(2) The trainer assures the cooperation with other training organisms and takes part at
the evaluation of the employee that benefit of professional training.
CHAPTER III
The apprenticeship contract at the working place
Article 208
(1) The apprenticeship at the working place is effectuated under a apprenticeship
contract.
(2) The apprenticeship contract is an individual contract of labor under which:
a) The employer as a juridical person or individual is obliged, besides paying a
salary, to assure the professional training for the apprentice in a job as per his
field of activity;
b) The apprentice is obliged to professional train and to work under the supervision
of the respectively employer.
(3) The apprenticeship contract at the working place is concluded under a definite period
of time.
Article 209
(1) The person that performs an activity under apprenticeship contract has the statute of
a apprentice.
(2) The apprentice benefits of the applicable provisions of the other employees, under
that measure that they are not contrary with the ones specific to its statute.
Article 210
The organization, the development and the activity control is stated by a special law.
TITLE VII

59

The social dialogue

CHAPTER I
General provisions
Article 211
In order to assure the stability and social peace climate, by the law are established the
methods of consulting and permanent dialog between the social partners.
Article 212
(1) The Economic and Social Counsel is a public institution of national interest, tripartite,
independent constituted in the purpose to realize the tripartite dialog at a national
level.
(2) The organization and functioning of the Economic and Social Counsel are established
by special laws.
Article 213
Within the ministries is functioning, under the law conditions, social dialogue commissions,
with a consultative character, between the public administration, syndicates and employers.
CHAPTER II
The syndicates
Article 214
(1) The syndicates, the federations and the confederations, named hereinafter syndical
organizations, are constituted by the employees in the basis of free association, in
order to promote their professional interests, economic and social, and also to defend
the collective and individual rights provided in the collective and individual contracts
of labor or in the labor collective agreements and labor reports, and also in the
national law, in the pacts and international conventions in which Romania is part of.
(2) The constitution, the organization and functioning of the syndicates is established by
the law.
Article 215
The syndicates are participating by their own representatives at the negotiation and the
conclusion of the collective contracts of labor, agreements, or treats with the public or
employers authorizations, and also in the structures specific to the social dialogue.
Article 216
The syndicates can fee associate, under the law conditions, in federations, confederations or
territorial unions.
Article 217

60

The syndical right of the employees is recognized at the level of all the employees, by
observing the rights and the liberty guaranteed by Constitution and in conformity with the
provisions of the present code and special laws.
Article 218
(1) Is forbidden any intervention of the public authorities to limit the syndical rights or to
prevent their legal exercises.
(2) Is forbidden also, any act to interfere by the employers organization, direct or
indirect, by representatives or their members, in the syndical organization or in their
rights exercise.
Article 219
At the request of their members, the syndicate can represent the employees within the labor
conflicts, under the law.
Article 220
(1) The representatives chosen in the leading team of the syndicates is assured the law
protection towards any conditioning forms, limiting or constraint of exercise their
function.
(2) On the whole duration of the mandate, the representatives of the syndicates cannot
be dismissed for reasons that are in connection with the mandate fulfillment.
(3) Other protection measures for the syndicate representatives are provided in special
laws and in the applicable collective contract of labor.
CHAPTER III
The employees representative
Article 221
(1) At the employers where are employed more than 20 persons and where are not
constituted syndical organization, as per the law, the employees interests can be
promoted and defended by their representatives, chosen for this purpose.
(2) The employees representatives are chosen in the employees general assembly, by
the vote of at least half of the total number of the employees.

(3) The representatives of the employees can not develop activities that are agreed by
the law exclusively to the syndicates.
Article 222
(1) Can be chosen as employees representatives the employees that have the full
exercise capacity.

61

(2) The number of the chosen representatives of the employees is jointly established
with the employer, in report with its number of employees.
(3) The duration of the mandate of the employees representatives cannot be longer
than 2 years.
Article 223
The representatives of the employees have mainly the following attributes:
a) To follow the salary rights observing, in conformity with the law in force, with the
applicable collective contract of labor, with the individual contracts of labor and with
the internal rule.
b) To participate at the elaboration of the internal rule;
c) To promote the interests of the employees with reference to the salary, working time
and resting time, and also other professional interests, economic and social in which
regards the labor relations.
d) To inform the labor inspectorate regarding the non-observance of the legal provisions
and of the applicable collective contract of labor;
e) To negotiate the collective contract of labor, under the law provisions.

Article 224
The attributions of the employees representative, their way of fulfillment, also the duration
and limits of their mandate are established during the general assembly of the employees,
as per the law.
Article 225
The number of hours within the normal program of labor for the employees representative
designed in order to fulfill their mandate is established in the applicable collective contract
of labor, or, in its lack, by negotiation with the company leaders.
Article 226
During the whole duration of the mandate, the employees representative cannot be
dismissed for reasons due to the mandate fulfillment.
CHAPTER IV
The employers
Article 227
(1) The employers, also named organizations of employers, constituted as per the law,
are employers organizations, independent, without political character, as juridical
persons, without any patrimonial purpose.

62

(2) The employers can associate in federations and/or confederations or other structures,
as per the law.
Article 228
The constitution, organization and functioning of the employers, and also the right exercise
are regulated by special laws.
TITLE VIII
The collective contracts of labor
Article 229
(1) The collective contract of labor is the agreement concluded in written between the
employer one side and the employees on the other side, represented by the
syndicate or in another way provided by the law, in which are stated the provisions
regarding the working conditions, the salary and other rights resulting the labor
reports.
(2) The collective negotiation at the level of unit is mandatory, excepting the case the
employer has less than 21 employees.
(3) At the provisions negotiation and at the collective contracts concluding the parts are
equal and free.
(4) The collective contract of labor, concluded by observing the law provisions, it
constitutes the parts law.
Article 230
The parties, their representation, and also the negotiation procedure and the conclusion of
the collective contract of labor are established as per the law.
TITLE IX
Conflicts at work
CHAPTER 1
General provisions
Article 231
By the work conflicts is understood the conflicts between the employees and employers in
which regards the economic interests, the professional and social rights or the rights
resulted from the work reports development.
Article 232
The procedure for solving the working procedures is established by a special law.
CHAPTER II

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Strike
Article 233
The employees have the rights to strike in order to protect the professional, economic and
social rights.

Article 234
(1) The strike represents the voluntary and collective work stopping by the employees.
(2) The employees participation to the strike is free. Neither one employee can be
forced to participate or not to the strike.
(3) The right limitation or the interdiction of participation to the strike may interfere only
in special cases and for the employees category express provided by the law.
Article 235
The participation to strike, and also its organization by observing the law do not represent
the employees obligations non-observance and cannot have as consequence the disciplinary
sanctioning of the employees that took part at the strike or organized it.
Article 236
The way to exercise the right to strike, the organization, the starting and the strike
development, the procedures made before the strike starting, the suspension and the strike
termination, and also other aspects in connection with the strike are regulated by special
laws.
TITLE X
Work inspection
Article 237
The application of the general and specific regulation in the works relation field, the work
health and security is under the control of the Work Inspection, as specialized authority
belonging to public administration, under the supervision of the Ministry of Labor, Family and
Social Protection.
Article 238
The Inspection of work has under the supervision the territory inspectorates, organized in
each county and in Bucharest.
Article 239
The establishment and the organization of the Work Inspection are established by special
rules/

64

Article 240
By derogation of the provisions of article 3 paragraph (2) from the law 252/2003 regarding
the control unique register, in the cases of the controls that have as purpose to discover the
illegal work, the work inspectors will fill in the control unique register after the control
effectuation.
TITLE XI
Juridical liability
CHAPTER I
Internal rule
Article 241
The internal rule is issued by the employer, by consulting the syndicate or the employees
representatives, as per the case.
Article 242
The internal rule includes at least the following provisions:
a) Rules regarding the hygiene, security within the unit;
b) Rules regarding the principles of non discrimination;
c) The rights and obligations of the employer and the employees;
d) The procedure of solving the requests or individual claims of the employees
e) Concrete rules regarding the work discipline in the company;
f)

Disciplinary deviation and the applicable sanctions;

g) Rules regarding disciplinary procedure;

h) Methods of application of the legal provisions or contractual;
i)

Criteria and the procedures for professional evaluation of the employees.

Article 243
(1) The internal rule is informed by the employer to the employees and produces its
effects from the moment that is signed.
(2) The employees obligation regarding the content of the internal rule must be fulfilled
by the employer.
(3) The concrete way to inform each employee in the respect of the internal rule is
established in the collective contract of labor, and as per the case, by the internal
rule.

65

(4) The internal rule is posted at the headquarters of the employer.

Article 244
Any modification that occurs in the content of the internal rule is under the procedures of
information provided at article 243.
Article 245
(1) Any employee can seize the employer in which regards the provisions of the internal
rule, in the measure that can prove that its rights broken.
(2) The legality control of the provisions included in the internal rule is in the
competence of the juridical instances, which can be informed in a term of 30 days
from the communication date by the employer of the solving method in which
regards the intimation as per paragraph (1).
Article 246
(1) The issuing of the internal rule by each of the employers is made in a term of 60 days
from the present code entering in force,
(2) In which regards the employers that are established after the entering in force of the
present code, the term of 60 days provided by paragraph (1) is starting from the
moment of the establishment of the juridical entity.
CHAPTER II
Disciplinary liability
Article 247
(1) The employer disposes by disciplinary prerogative having the right to apply, as per the
law, disciplinary sanctions to its employees each time are proved that was created a
disciplinary deviation.
(2) The disciplinary deviation is s fact in connection with the work that consists in an action
or inaction that was made by the guilt of the employee, by which the employee breach
the legal norms, the internal rule, the individual contract of labor, the orders and the
legal provisions of the law of the hierarchical lead ship.
Article 248
(1) The disciplinary sanction that can be applied by the employer in the case that the
employer has a disciplinary deviation are:
a) The written warning;
b) The relegation from his job, with the agreement from the employer in which regards the
new job establishment; the relegation cannot exceed 60 days;
c) The salary reduction on a duration of 1 3 months with 5 10%;

66

d) The base salary reduction and/or, as per the case the payment on a period of 1 3
months with 5 10%.
e) The disciplinary contract termination;
(2) In the case that, by professional statutes, approved by a special law, is established
another program for sanctions, shall be applied this one.
(3) The disciplinary sanction is strike out by right, in a term of 12 months from the
application, if to the employee is not applied another sanction during this term. The
strike out of the sanctions is established by a decision of the employer issued in written.
Article 249
(1) The disciplinary fines are forbidden.
(2) For the same disciplinary deviation can be applied only one sanction.
Article 250
The employer establishes the applicable disciplinary sanction in report with the severity of
the disciplinary deviation, taking into account the following things:
a) The circumstances in which the fact happened;
b) The guilty degree of the employee;
c) The consequences of the disciplinary deviation;
d) The general behavior at work of the employee;
e) The anterior disciplinary sanctions suffered by the employee.
Article 251
(1) Under the sanction of the nullity, neither one measure besides the one provided at
article 248 paragraph (1) letter a) cannot be disposed before making a disciplinary
research.
(2) In order to develop the disciplinary research, the employee will be summon in writing by
the employer, presenting the object, the date, the hour and the place of meeting.
(3) The employees lack of presence at the convocation made under the conditions
stipulated at paragraph (2) without any objective reason gives the right to the employer
to dispose the employee sanctioning.
(4) During the disciplinary research the employee has the right to form and sustain all the
defense in its favor and to offer to the empowered person to execute the research all the
profs and the motivations that are considered necessary, and also the right to be
assisted, at its request, by a syndicate representative.
Article 252

67

(1) The employer disposes the disciplinary sanction by a decision issued in written in a term
of 30 calendar days from the date of information in the respect of the disciplinary
deviation, but not late than 6 months since the fact was effectuated.
(2) Under the total nullity, in the decision are mandatory included the following:
a) The fact description that constitutes disciplinary deviation;
b) The provisions statement in the internal rule, individual contract of labor or the
applicable contract of labor;
c) The reasons why was not taken into account the defense issued by the employee during
the disciplinary research or the reasons why, under the conditions stipulated at article
251 paragraph (3) was not effectuated the research;
d) The rule in which basis the sanction is applied;
e) The term in which the sanction can be challenged;
f)

The court of law where the sanction can be challenged;

(3) The sanction decision is communicated to the employee in most 5 calendar days from
the issuing date and it produces its effects at the communication date.
(4) The communication is handed personally to the employee, by signing for receipt, or, in
case of refusal, by a registered letter, at the domicile or the headquarters that were
previous communicated.
(5) The sanction decision can be challenged by the employee at the competent court of law
in a term of 30 calendar days from the communication date.
CHAPTER III
Patrimonial liability
Article 253
(1) The employer is obliged, under the norms and principles of the contractual civil liability
to compensate the employee in the case that suffered a material or moral prejudice due
to the employer during the obligations fulfillment in connection with the work.
(2) In the case that the employer refuses to compensate the employee, the employee may
address a claim at the competent court of law.
(3) The employer that paid the compensation will recover the prejudice from the salary of
the guilty employee, under the provisions of the article 254 and the next ones.
Article 254
(1) The employees have a patrimonial liability, under the norms and principles of civil
liability, for the material damages produced to the employer from its guilt.

68

(2) The employees are not responsible for the damages resulted from the force majeure or
for other unforeseen reasons that could not be replaced and are not responsible also for
the damages that are included in the normal risk of the work.
(3) In the situation that the employer discovers that his employee caused damage from its
fault, could ask to the employee, by a notification and a damage evaluation, the
recovery of its value, in a term that cannot be smaller than 30 days from the
communication date.
(4) The value of the damage recovered by the parts agreement, as per paragraph (3)
cannot be bigger than the equivalent of 5 minimum gross salaries established in the
country.
Article 255
(1) When the damage was caused by more employees, the quantum of each liability is
established in report with the measure that contributed at its production.
(2) If the measure of contribution cannot be defined, each liability is established
proportional to each employee net salary at the date of the damage observation, and
depending on the effective worked time from its last inventory.
Article 256
(1) The employee that received from the employer an undue amount is obliged to pay back.
(2) If the employee received goods that were not appropriate and that cannot be sent back
as received, is obliged to pay it back. The value of the goods is established as per their
value at the payment date.
Article 257
(1) The amount established for covering the damages is monthly kept from the salary of the
employee.
(2) The rates cannot exceed a third part of the monthly net salary, without exceeding with
the other retentions half of the salary.
Article 258
(1) In the case that the individual contract of work terminates before that the employee to
pay the employer and is hired by another employer, the retentions will be taken by the
new employer, in the basis of an enforcement sent by the former employer.
(2) If the person in cause did not start the job to another employer, under an individual
contract of labor, the recovery of damages will be made by taking his goods, under the
Civil Procedure Code.
Article 259

69

In the case that the recovery of damages cannot be made in a term longer than 3 years
from the payment of the first rate, the employer can address to an executor under the
conditions of the Civil Procedure Code.
CHAPTER IV
Contravention LIABILITY
Article 260
(1) Is considered contravention and is sanctioned as per the law the following facts:
a) The non-observance of the provisions regarding the payment guarantee the
minimum gross salary established per the country, with a fee from 300 lei to 2.000
lei;
b) The non-observance by the employer of the provisions of the article 34 paragraph (5)
with a fee from 300 lei to 1.000 lei;
c) The prevention or the obligation by threats or violence, of a employee or a group of
employees to take part to strikes or to work during the strikes with a fee of 1.500 lei
to 3.000 lei;
d) The stipulation in the individual contract of labor of some clauses contrary to the
legal provisions, with a fee of 2.000 lei to 5.000 lei;
e) Receipt at work up to 5 persons without a contract of work concluded, as per article
16 paragraph (1) with a fee from 10.000 lei to 20.000 lei for each identified person;
f)

The work performance by a person without a contract of labor concluded with a fee
between 500 to 1.000 lei;

g) The breach by the employer of the provisions of the article 139 and 142, with a fee
from 5.000 to 10.000 lei;
h) The breach of the obligation provided at article 140, with a fee from 5.000 to 20.000
lei;
i)

The non-observance of the provisions regarding the extra hours with a fee from
1.500 lei to 3.000 lei

j)

The breach of the legally provisions in which regards the granting of the weekly rest,
with a fee from 1.500 lei to 3.000 lei;

k) The lack of granting the payment provided at article 53 paragraph (1) in the case
that the employer temporary interrupts the activity by maintaining the work reports,
with a fee from 1.500 lei to 5.000 lei;
l)

The breach of the legal provisions in which regards the night shifts, with a fee from
1.500 lei to 3.000 lei

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m) The breach made by the employer in which regards the obligations provided at
article 27 and 119 with a fee from 1.500 lei to 3.000 lei;
n) The breach of the legal provisions regarding the resignation registry by the employer
with a fee from 1.500 lei to 3.000 lei;
o) The breach of the temporary agent in which regards the provisions provided at
article 102, with a fee from 5.000 lei to 10.000 lei, without exceeding the cumulated
value of 100.000 lei.
p) The breach of the provisions of the article 16 paragraph (3) with a fee from 1.500 lei
to 2.000 lei.
(2) The observance of the contravention and its application are made by the work
inspectors.
(3) To the contraventions provided at paragraph (1) are applied the law provisions in force.
CHAPTER V
Penal liability
Article 261
The non observance of a definite juridical decision regarding the payment of the salaries in
a term of 15 days from the execution request addressed to the employer constitutes an
infraction and is punished with detention from 3 months to 6 months or by a fee.
Article 262
The non observance of a definite juridical decision regarding the reinstatement at the place
of work of a employee constitutes an infraction and is punished with detention from 6
months to 1 year or with a fee.
Article 263

(1) In the case of the infractions provided at article 261 and 262 the penal action
starts at the request of the damaged part.
(2) The parts reconciliation removes the penal liability.
Article 264
(1) Is considered infraction and is punished with going to prison for a period
concluded between 6 months and 1 year or with a penal fee the fact made by
the person that, repeatedly , establishes for its employees, salaries under the
minimum gross salary provided by the law
(2) With the punishment provided at paragraph (1) is sanctioned also the
infraction that consists in the repeatedly refusal to permit the access of the
labor inspectors or to set to their disposal any spaces of the unit or the
requested documents.
(3) Is considered infraction and is punished with jail from 1 year to 2 years or
with penal fee the receipt at work of more than 5 persons, without conclude
an individual contract of labor.
Article 265
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(1) The employment of minor persons without observing the legal conditions in
which regards the age or their usage for the performance of certain activities
is considered infraction and is punished with a jail period between 1 year and
3 years.
(2) With the punishment provided at article 264, paragraph (3) is sanctioned the
employment of a person that illegally lives in Romania, knowing that is the
victim of person traffic.
(3) If the labor performed by persons provided at paragraph (2) and article 264,
paragraph (3) is likely to put in dander the life, the integrity or health, the
punishment is the jail from 6 months to 3 years.
(4) In the case of commitment of one of the infractions provided at paragraph (2)
and (3) and article 264 paragraph (3) the court of law can also dispose the
application of the following complementary punishment:
a) The employer total or partial right loss of benefits as performances, helps
including the founds from European Union for a period up to 5 years;
b) The interdiction to the employer to participate to the attribution of an
acquisition contract for a period up to 5 years;
c) The integral or partial recovery of performance, helps, including the founds
from the European Union managed by the Romanian authorities for a period
of up to 12 months before the infraction commitment;
d) The temporary or definite closure of the working point or working points
where was committed the infraction, or the total or temporary license closure
if the fact is justified.
(5) In the case of commitment of one of the infractions provided at paragraph (2)
and (3) and at article 264 paragraph (3) the employer is obliged to pay the
amounts representing:
a) Any remaining remuneration that has to pay to the persons that are illegal
employed. The value of the remuneration is assumed to be equal with the
minimum gross salary, excepting the case that the employer or the
employee can prove the contrary;
b) The value of all the taxes and imposition that the employer would have
paid if the person would have been legally employed, including the
penalties for delay and the administrative corresponding fees;
c) The expenses determined by the transfer of the remaining payments in
the country where the person illegally employed willingly returned or was
returned under the law conditions.
(6) In the case of doing one of the infractions provided by paragraph (2) and (3)
and article 264, paragraph (3) by a subcontractor, both the main contractor
and any intermediary subcontractors, if were informed that the
subcontracting employer was employing foreign persons that were living
illegally, can be obliged by the court of law to pay the amount provided at
paragraph (5), letters a) and c).
TITLE XII
The labor jurisdiction
CHAPTER I
General provisions
Article 266
The working jurisdiction has as object the labor conflicts solving in which regards
the conclusion, execution, modification or termination of the individual contracts of
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labor, or, as per the case, the collective contracts of labor provided by the present
code, and also the requests regarding the juridical reports between the social
partners established as per the present code.
Article 267
Can be parts in the labor conflicts:
a) The employees, also any other titular person of a right or obligation under the
terms of the present code, of other laws and collective contracts of labor;
b) The employers as companies and/or individuals temporary labor
agencies, users and also any other person that benefit of a labor under the
conditions of the present code;
c) The syndicates and the employers;
d) Other juridical and individuals that have this status under the special laws or
the Civil Procedure Code.
Article 268
(1) The request in order to solve a labor contract can be issued:
a) In a term of 30 calendar days from the unilateral decision was
communicated with reference to the conclusion, execution, modification,
suspension or the individual contract of labor cession;
b) In a term of 30 calendar days since was communicated the disciplinary
sanction decision;
c) In a term of 3 years from the action right appearance, in the situation that
the object of the labor individual conflict consists in the payment of some
salary rights that were not granted or some compensatory financing to the
employee, and also in the patrimonial liability of the employees towards
the employer;
d) During the whole existence duration of the contract, in the case that is
requested the nullity of an individual or collective contract of labor or of
certain provisions of the contract;
e) In a term of 6 months, in the case of the non execution of the collective
contract of labor or certain clauses.
(2) In all the situations, other than the ones provided at paragraph (1), the term
is of 3 years from the right appearance.
CHAPTER II
The financial and territorial competence
Article 269
(1) The judging of the labor conflicts is of the competence of the instances
established as per the civil procedure code;
(2) The requests with reference to the clauses provided at paragraph (1) are
addressed to the competent instance where the claimant has its domicile or,
as per the case, the headquarters.
(3) If are fulfilled the conditions provided by the civil procedure code for the co
participation, the request can be formulated at the competent instance or
each of the claimants.
Included by
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Law no. 76/2012 for the appliance of the law 134/2010 regarding the civil procedure
code - Official Monitor no. 365/ 30.05.2012.
CHAPTER III
Procedure special rules
Article 270
The clauses provided by article 266 are well out of the judiciary tax of post mark
and judiciary post mark.
Article 271
(1) The requests with reference to the conflicts labor are judged as a matter of
urgency.
(2) The legal terms cannot be longer than 15 days.
(3) The procedure for the parties presence request is legally fulfilled considered if
is executed with at least 24 hours before the legal term.
Article 272
The proof during the labor conflicts has to be exposed by the employer, the
employer being obliged to hand over all proves in his defense until the first term.
Article 273
The proofs administration is made by observing the emergency priority, the
instance having the right to grow out of the benefit of the agreed proof the part that
unduly is late with its administration.
Article 274
The decisions are definitive and executory by right.
Article 275
The provisions of the present title are filled in with the provisions of the civil
procedure code.
TITLE XIII
Transient and final provisions
Article 276
As per the international obligations assumed by Romania, the labor legislation will
be permanently in proportion with the European Union Norms, with the conventions
and the recommendations of the Labor International Organization, with the
international right to labor.
Article 277
(1) As per the present code, the management jobs are the ones defined by the
law or by the internal rules of the employer.
(2) The present law throws the article 16, letter b), article 18 and 19 from the
Decision 2003/88/CE of the European Parliament and Council from 04 th
November 2003 regarding certain aspects of the labor hours organization,
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published in the Official Journal of the European Union, series L, no. 299 dated
18th November 2003, and articles 3, 4 and 10 from the Law 2008/104/CE of
the European Parliament and Council dated 19 th November 2008 in which
regards the labor through a temporary agent, published in the European
Union Official Journal, series L no. 327 dated 5 th December 2008.
Article 278
(1) The provisions of the present code are completed with the others provisions
included in the labor legislation and, in the measure that are not compatible
with the labor reports specific provided by the present code, by the civil
legislation provisions.
(2) The provisions of the present code are applied with the title of common right
also to the other juridical labor reports that are not based on an individual
contract of labor, under the measure that the special regulations are not
complete and their application is not incompatible with the respectively labor
reports specific.
Article 279
(1) The labor experience established until 31 st December 2010 is stated by the
work book.
(2) After the abrogation of the Ordinance no. 92/1976 regarding the work book,
with the ulterior modifications, the labor experience established until 31 st
December 2010 is reconstituted, at the persons request that does not have a
work book, by the competent court of law to solve the labor conflicts in the
basis of other proves from which to result the labor reports existence. The
retrace request formulated before the abrogation date of the Ordinance no.
92/1976, with the ulterior modifications, are going to be solved as per the
provisions of this normative.
(3) The employers that are keeping and filling in the work books are going to give
back to the owners echeloned, until 30th June 2011, in the basis of an
individual record.
(4) The territorial labor inspectorates that are keeping the work books are going
to hand it over to the employees until the date provided by paragraph (3),
under the established conditions by the labor, family and social protection
ministry.
(5) The announcement regarding the loss of the work books issued in the terms
of the Ordinance no. 92/1976, with the further modifications, are going to be
published in the Official Monitor of Romania, Part III.
Article 280
On the entering in force date of the present code the clauses regarding the work
conflicts that are under the procedure of the courts of law are judged following the
procedural applicable provisions at the date of the instances intimation.
Article 281
(1) The present code enters in force on 01st March 2003;
(2) In the date of entering in force of the present code are abrogated:

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Labor Code RSR, Law no. 10/1972 published in the Official Bulletin, part I,
no. 140 dated 01st December 1972, with the modifications and further
completions;
- Law no. 1/1970 The labor organization and discipline in the socialist
state units, published in the Official Bulletin, Part I, nr 27 dated 27 th March
1970, with the modifications and ulterior completions;
- Ordinance no. 63/1981 regarding the way to recover the damages,
published in the Official Bulletin, Part I, no. 17, dated 25 th March 1981;
- Law no. 30/1990 regarding the employees hiring in a management job,
published in the Romanian Official Monitor, Part I, no. 125/16 th November
1990
- Law no. 2/1991 regarding the cumulative functions, published in the
Romanian Official Monitor, Part I, no. 1 dated 8th January 1991;
- The salary Law no. 14/1991, published in the Romanian Official Monitor,
Part I, no. 32 dated 09th February 1991, with the further completions and
modifications;
- Law no. 6/1992 regarding the annual leave and other leaves of the
employees, published in the Romanian official Monitor, Part I, no. 16 dated
10th February 1992;
- Law no. 68/1993 regarding the guarantee in payment of the minimum
salary, published in the Romanian Official Monitor, Part I, no. 246 dated
15th October 1993;
- Law no. 75/1996 regarding the establishment of the legal holidays when is
not working, published in the Romanian Official Monitor, Part I, no. 150
dated 17th July 1996 with the modifications and further completions.
- Articles 34 and 35 from the Law no. 130/1996 regarding the collective
contract of labor, republished in the Romanian Official Monitor, Part I, no.
184 dated 19th May 1998.
(3) On the 1st January 2011 are abrogated the provisions of the Ordinance no.
92/1976 regarding the work book published in the Official Bulletin, Part I, no.
37 dated 26th April 1976, with the ulterior modifications
NOTE (is part of the republished version)
We transcribe below the provisions of art. II, III and IV from the Law 40/2011 for the
modification and the completion of Law 53/2003 The code of labor that are not
included in the republished form of the Law 53/2003 Code of Labor, and which is
applied, as own provisions of the modified document:
Article II
(1) The collective contracts of labor and the annexes concluded in the interval of
the entering in force of the present law and until 31 st December 2011 can con
provide a validity to exceed 31st December 2011. After this date, the
collective contracts of labor and the annexes are going to be concluded on
durations established by special laws.
(2) The collective contracts of labor in application at the date of entering in force
of the present law are producing their effects until de date of expiry of the
term for which were concluded.
Article III
At the date of entering in force of the present law are abrogated:
- Article 23, paragraph (1) from the Law no. 130/1996 regarding the
collective contract of labor, republished in the Romanian Official Monitor,
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Part I, no. 184 dated 19th May 1998, with the modifications and further
completions;
- Article 72 from the Law no. 168/1999 regarding the labor conflicts of work
solving, published in the Romanian Official Monitor, Part I, no. 582 dated
29th November 1999 with the modifications and further completions.
Article IV
The present law enters in force in a term of 30 days from its publication in the
Romanian Official Monitor, Part I.

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