Like any other contract, the employment contract is the result of the mutual agreement between two

parties. The employee and the employer negotiate and once they reach an agreement they draw up and
complete the employment contract.

Is it that simple? No. The employment contract doesn't resemble other contracts, since the legal
provisions are very restrictive.

The two parties involved in the process (employer and employee) can not negotiate and can not include
in the contract any clauses. The Code of Employment even stipulates the fact that if there are any
clauses present in the employment contract, there is a fine which must be paid valued between 2.000
and 5.000 RON.

The legal capacity of drawing up and completing an individual employment contract is aquired by an
individual upon reaching the age of 16.

The minimal age required for working as an employee is however 15 years old. Due to this legal
requirement, the constitutional norm, article 13 line 2 says that a physical person can fill out an
employment contract at the age of 15 with the legal accord of their parents or a legal representative,
with a mention that this contract may be completed only if the working environment doesn't interfere
with the teenager's physical development, their studies or their health.

The consent must be mutual (for both parents) with the exception of one parent being unable to give
his consent due to any reasons, like a physical condition, or due to any legal restriction.

People who can not fulfill an employment contract (any individual employment contract):

-minors up to the age of 15(article 3, line (3) of the Employment Code, republished);
- persons who have been put under legal interdiction due to alienation or any mental illness (even if
they are over 16 years old).

In present times, according to article 16, paragraph (1), the individual employment contract can only be
completed if both parties agree to it, in written form, in romanian.

The obligation to fulfill the individual employment contract in its written form rests on the employer.
The written form is required and obligatory for the fulfillment of the contract. With this said, an
employment contract which is not completed in its written form is considered null and can not produce
any juridical effect. The employer is required to hand out, prior to the start of the employees' activity,
an example of the individual employment contract to the employee. If an employer doesn't comply with
this obligation, there is a fine which must be paid with a cost between 1.500 and 2.000 RON.

With this said, the steps which must be taken for completing an employment contract are:

1 drawing up the employment contract in its written form;

2 - giving out a copy of the employment contract to the employee;
3 registration of the employment contract in REVISAL;
4 start of activity;
In certain situations the employment contract is considered complete only if it is accompanied by
certain documents, these often being administrative documents which are required by law in certain
work environments.

There are also some papers and documents which must be presented, according to the legal
dispositions:

1. Identity card;
2. Letter from previous employer, which attests the fact that the employee has worked there in the
past, his/her work experience there and their activity. The previous employer is obligated by law
to provide this letter;
3. curicullum vitae, European common model;
4. study diplomas;
5. authorizations (if its the case);
6. medical certificate;
7. liquidation note if the person has been an employee in the past, note which presents the debit
situation of the employee at their past employment place;
8. evaluation paper of the employee professional performances from previous years (photocopy),
and a recommendation letter from the previous employer;

If the person is being hired for the first time, the recommendation letter can also be written and released
by the high school/university from which they graduated.