Romania has several employment laws and regulations that govern the relationship between employers and employees. The labor laws in Romania establish minimum standards for employment conditions, wages, and safety in the workplace, including for part time jobs. Therefore, employers are required to comply with these regulations.
This article will help you understand what the part-time employment contract involves, and also to know better your rights in the relationship with your employees or the employer, depending on which part you are on.
Any Romanian employer, whether a legal person or even a natural person, can hire full-time or part-time employees.
What does part time employment in Romania mean?
A part-time contract resumes to the number of hours worked, calculated weekly or monthly, being less than the normal number of hours worked by a full-time employee. Part-time employment contracts can be concluded both for an indefinite period, or for a fixed period. The individual part time employment contract is legally regulated in Romania by Art. 103 of the Labor Code.
As an employee, if you benefit or will benefit from a part-time employment contract, you will perform activities similar to a full-time employee, the only difference being the number of hours worked. The distribution of hours worked can be negotiated with the employer, and this aspect must be expressly mentioned in the employment contract.
Information that must be reflected in the part time employment contract
Once you accept a part time job in Romania, you will sign an individual part time employment contract. To be valid, the contract must be signed by both you and the employer. It is important that the contract contains information on the number of hours you will work and the distribution of the work schedule. The contract must also state the conditions under which the working hours may be changed, as well as the statement that overtime is prohibited, being possible only in cases of force majeure or urgent work.
IMPORTANT: If the employment contract does not contain the information mentioned above, then it is by default considered that it has been concluded in the form of a full time employment contract.
Read also: The Romanian employment contract – important aspects you need to know
Salary of a part time employee, as per the legal provisions
Part time employees have the legal right to be rewarded for their activities, similar to full time employees. With regard to the minimum wage that an employee must be remunerated, it is important to know that, in the case of part time employment, the wage is determined by pro-rating a full time work schedule to the part time schedule.
Thus, starting with January 1, 2022, the minimum monthly salary for a full time job in Romania is 2,550 lei, at hourly level corresponding to the amount of 15.239 lei/hour for a complete work schedule of 167.333 hours/month.
According to Art. 106 of the Romanian Labor Code, an individual employed with a part time employment contract must enjoy the same salary rights as any full time employee. Salary rights will be granted in proportion to the actual time worked, considering the rights established for the duration of the agreed work schedule.
In this case, at a minimum gross salary of 2,550 lei for 8 hours/day, an employee with a part-time work schedule of 4 hours/day will receive a salary of at least 1,275 lei. (4 * 2,550 / 8 = 1,275).
In the case of a job with a working time of 2 hours/day, the employee has the right to receive a salary that must not be less than 637.5 lei (2 * 2,550 / 8 = 637.5).
From the gross salary (agreed in the employment contract), the employer will have to deduct and pay to the state budget the income tax and the social contributions due. Specifically, these resume to:
- the Pension Fund contribution (CAS), amounting to 25% of the gross salary,
- the Health Fund insurance (CASS), amounting to 10% of the gross salary
- after deducting the above two contributions, income tax must also be calculated and deducted (10%).
Important update regarding taxation:
Starting with the salary tax reporting obligations for August 2022, for all part-time contracts where the monthly gross salary is less than the Romanian minimum national gross wage, the employers have the obligations to calculate and pay the mandatory social contributions on the minimum national gross monthly wage. The Romanian minimum national gross monthly wage for year 2022 is 2,550 lei.
In practice, this means that, if the monthly gross salary received by a part-time employee is less than 2,550 lei per month, the pension fund contribution and the health fund insurance still have be calculated by the employer at the salary of 2,550 lei. The difference in social contributions cost will have to be borne by the employer.
The rights of a part time employee
If you already work or are going to benefit from a part time job in Romania, you should know that you must benefit from the same rights as the rest of your colleagues with full time employment. The rights of an employee are clearly defined in Art. 39 of the Labor Code, and Article Art. 106 comes to reinforce the equal treatment between a full-time and a part-time employee.
According to Art. 39 of the Romanian Labor Code, the main rights of an employee are:
Read also: Hiring foreign nationals in Romania – conditions applicable
Obligations of the employer towards the employee
It is important to know that the employer also has a series of express obligations towards the employee, obligations assumed by the individual employment contract signed. Among the obligations of the employer, the most important are:
Regardless of whether you are just looking or already working and benefiting from a part time job in Romania, it is very important that you know both your rights and obligations under such a contract. Make sure you sign the employment contract only after you have read it carefully, so you are aware of all the obligations that you are going to assume.
