FOREIGN INVESTMENT IN ROMANIA INDIVIDUAL LABOR CONTRACT IN ROMANIA
The individual employment contract is regulated by Law no. 53/2003 of the Labor Code.
An important aspect to be mentioned is that the minimum age to be able to work and have an individual employment contract is 16 years, as provided in the Labor Code. An individual employment contract can also be concluded for people who are 15 years old, but only with the consent of their parents and only if the work performed does not endanger their health and professional development.
Employment by persons under the age of 15 is prohibited by law. With regard to employment in difficult or dangerous working conditions, persons must be at least 18 years of age.
Types of individual employment contracts
As I said above, there is a specific model of individual employment contract specific to each job, depending on several criteria. The main types of employment contracts fall into the following categories:
Depending on the duration
Individual fixed-term employment contract - there are specific situations established by law regarding the conditions under which this contract can be concluded, which we will detail a little below
Individual employment contract for an indefinite period - this contract is not limited to a certain period for which you can work for that employer
An individual fixed-term employment contract can be transformed into an indefinite employment contract, but the rule does not apply the other way around. The fixed-term employment contract can be concluded in the following situations:
- an employee is replaced in case of suspension of the employment contract (for example, parental leave), unless that employee participates in the strike;
- temporary change in the structure of the employer's activity, for example, when the company in question has financial difficulties and the activity decreases, in which case the demand for staff is unpredictable (as well as if the company reduces the number of services it offers and decrease the revenues collected);
- the work carried out is seasonal;
- unemployed people have been hired in order to provide them with temporary facilities;
- the employed person retires within five years from the date of employment;
- the employed person is retired and can cumulate the pension with the salary, according to the law.
Depending on the program
- Individual full-time employment contract - refers to the work schedule of 8 hours / day, respectively 40 hours / week.
- Part-time individual employment contract - the work schedule can be at least 2 hours / day, ie at least 10 hours / week.
Both types of contracts can be concluded for a fixed period or for an indefinite period.
Depending on the place
- Individual employment contract for activity carried out at the company's headquarters.
- Individual employment contract for activity carried out at the employee's premises.
In the second case, it is good to know that you enjoy the same rights as people working at the company's headquarters (medical or rest leave). In addition, the law on telework came into force last year. This allows you to work from anywhere, not just from home.
With the conclusion of the individual employment contract, a probationary period may be established which may not exceed 90 calendar days for the executive positions and a maximum of 120 days for the management positions.
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