How to conclude an individual employment contract in Romania
As specified in the Labor Code, the employment contract must be concluded in writing. The steps to be followed when concluding an individual employment contract begin with the actual drafting and handing over a copy to the employee. In order to prove that he received a copy, the employee must write on the contract that remains with the employer that he received an original copy, along with the signature and date.
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Subsequently, the employer has the obligation to register the individual employment contract in the general register of employees, one day before the employee actually starts work. The employment contract must be concluded in Romanian, regardless of whether the employer or employee is Romanian or foreign.
At the same time, in order to be valid, the individual employment contract must be signed by both parties, ie the employer and the employee.
Keep in mind that before signing the employment contract, any clauses (salary, resignation, notice period) can be negotiated. If changes are made after the contract has already been signed, additional documents need to be drawn up.
Mandatory clauses in the individual employment contract in Romania
First of all, it is good to know that only those clauses that are regulated by law can be negotiated, not any other random clauses. Therefore, the following mandatory clauses must be included in an completed individual employment contract:
- identity of the parties (employee and employee);
- the place of work or the possibility for the employee to work in other places;
- the registered office or, as the case may be, the domicile of the employer;
- the position / occupation, the job description and the attributions of the respective position;
- the criteria for evaluating the professional activity of the employee;
- job-specific risks;
- the date from which the contract is to take effect;
- the duration of the contract, in the case of a fixed-term or temporary individual employment contract;
- duration of rest leave;
- under what conditions notice is given and its duration;
- the basic salary, other types of income assimilated to the salary, as well as the period in which the salary is paid;
- duration of the work schedule (hours / day and hours / week);
- indication of the collective labor contract that regulates the working conditions of the employee;
- the duration of the probationary period.
In addition to the mandatory clauses mentioned above, other non-binding specific clauses may also be included in the individual employment contract. There are many types of specific clauses, and they can be negotiated depending on the type of job and the needs of the employer and the employee alike.
Some of these clauses refer to vocational training, non-compete, mobility, confidentiality, stability, risk and similar clauses, according to Article 20 of the Labor Code.
What documents are required when signing an employment contract in Romania ?
There are a number of documents that are required for employment, such as:
- ID card;
- The CV, which must be submitted to the employment file;
- copies of study documents (baccalaureate diploma, bachelor's degree, diplomas certifying certain certifications, etc.);
- documents attesting to marital status, as appropriate (marriage certificates, children's birth certificates), for personal deduction;
- medical opinion or certificate;
- liquidation note, if you have had other jobs (some employers may also ask for recommendations from former employers);
- criminal record (not required, but required by some employers).
After you have signed the employment contract, you must also receive a job description, which contains your duties at the new job. A copy will be attached to the employment contract.