There are certain legal frameworks that must be observed when it comes to employment of foreign nationals. This includes not only regulations surrounding work permits, but also taxes, and social security contributions. It is therefore essential for both employers and employees to be aware of their employment rights and obligations to avoid any potential legal issues.
We explain some of the most important aspects regarding a Romanian employment contract in the following article.
What does a Romanian employment contract involve?
To be able to understand what your rights and obligations are as employee in Romania, you need to know exactly what a Romanian employment contract involves exactly. The employment contract is an agreement under which an individual, called the employee, undertakes to perform work for a company (the employer), who may be organized under the form of natural or legal person, in exchange for a remuneration usually called salary.
As per the Romanian employment law, you can get employed by a Romanian employer with both a full-time employment contract (8 hours/day), or a part-time employment contract (the distribution of hours worked/day remains at yours and your employer’s mutual agreement).
Among the benefits you can enjoy as part of an employment contract there are: the annual rest leave, the medical leave, the parental leave, the health insurances or insurance in case of accidents at work.
Before signing the contract with your Romanian employer, make sure that the contract contains clauses that clearly define all your salary and related entitlements. It must reflect clear information about your base monthly salary, extra-salary benefits, and the salary payment date. Also, as a basic rule, keep in mind that your base salary cannot be lower than the value of the monthly minimum gross salary established by the Romanian law at national level, but also calculated considering the number of worked hours.
The monthly minimum gross salary established by the Romanian law at national level for 2023 is 3,000 lei.
Read also: Part time job in Romania – important conditions and regulations
As employee, you must be informed through the employment contract related to elements of your future employment, such as:
Employment of nationals of EU and EEA member states
If you are a member of the European Union or one of the countries belonging to the European Economic Area, it is important to know that you will not need to obtain a work permit prior to concluding an employment contract with a Romanian company. Citizens of EU or EEA countries are exempt from the obligation to obtain a Romanian work permit, so you can work in Romania on the basis of your EU identity card and/or passport, and you will be able to enjoy the same work rights, in equal measure, as any Romanian citizen.
Nevertheless, you have to know that, based solely on your passport, you can benefit of an initial right of residence on the territory of Romania of up to 3 months from the date of entry into the country. You have no obligation to complete other formalities in what regards your job. But if your stay in Romania is supposed to exceed a period of 3 months, you must register with the local territorial Immigration Inspectorate.
The registration procedure is quite straightforward, and as result you will be issued a Romanian Registration Certificate for EU nationals, which can be valid for up to 5 years.
Also, if you are a national of Republic of Moldova, Ukraine or Serbia, you have to know that, according to specific immigration law provisions, you are allowed to work in Romania under a full-time employment contract for a maximum period of 9 months within one calendar year, without the requirement for obtaining a Romanian work permit.
Thus, you will be able to extend your right of residence in Romania, provided that you are employed and submit an application to the relevant authorities (Romanian Immigration Inspectorate).
Read also: Romanian companies can hire Moldavians without obtaining a work permit
Employment of foreign nationals from outside of the EU
Stateless persons, as well as foreign nationals from countries outside the borders of the European Union, may conclude employment contracts only on the basis of a work permit priory obtained by the Romanian company on their behalf. The work permit must be obtained from the Romanian Immigration Inspectorate, only at the request of the employer, fulfilling Romanian immigration law requirements.
The Romanian work permit for local employment with a Romanian company can be valid for a fixed period of up to one year, with the possibility of extension.
If are employed as part of a seasonal employment contract, it is important to know that you will be able to work in the country for a maximum of 6 months. Concluding an employment contract for an internship is also conditioned by the obligation to obtain a work permit, with the possibility of successive extension up to 12 months.
If you are employed as cross-border worker, you will benefit from an employment contract for a determined period of up to 12 months, a contract that can be extended for additional periods of 12 months.
Conditions you must fulfil to be employed in Romania
To be able to work in Romania, you must meet certain main conditions, such as: professional qualification and previous experience in the job you are to perform, you must be medically fit to carry out the specific job, you must provide a statement on your own responsibility by which you assume lack of criminal record, and your work permit application must be within the contingent (i.e., maximum number allowed) of non-EU foreigners or stateless persons who may be employed in Romania, approved by Government decision.
Obtaining a work permit and a residence visa in order to be legally employed
It is important to have a legal employment contract, if you want to enjoy the same full rights as Romanian employees. If you re a non-EU citizen and do not benefit of any specific exemptions from work permit, as mentioned above, to be able to sign the individual employment contract, you need a work permit, issued by the General Inspectorate for Immigration.
Depending on the length of your stay and the form of employment, your employer will be able to obtain for you a work permit, either for the purpose of secondment, either for the purpose of local employment. The work permit for secondment is valid for up to 12 months, within a period of 5 consecutive years. After 12 months of secondment in Romania, you must conclude an employment contract with the Romanian company, to obtain a new work permit, for the purpose of local employment.
The work permit guarantees you the right to work for one company, and only on one job position. If you decide to work for another company, you will need a new work permit.
Only after obtaining the work permit, you will be able to apply for a long-stay visa at the Romanian Consulate in your home country, or in the country of residence. The application, together with other documents, must be submitted within 60 days of the issuance of the work permit.
Read also: Romanian residence for EU citizens: employed with Romanian company
The rights you enjoy as an employee in Romania
In Romania, as a foreign employee, you will benefit from the same rights as a Romanian employee. Your main entitlements are:
- the right to be paid for the work performed;
- the right to compensation for work performed on rest leaves and public holidays;
- the right to weekly rest days;
- the right to a minimum of 20 days of annual leave;
- the right to equal opportunities in work;
- the right to safety and health insurance;
- the right to training, information and consultation;
- the right to collective and individual bargaining;
- the right to join a trade union.
Obligations you have as an employee
Once you have signed an individual employment contract, you should know that in addition to the rights you enjoy, you have certain obligations that you must fulfill. The most important are:
- the obligation to observe your work schedule;
- the obligation to fulfill your duties according to the job description;
- the obligation to respect work discipline;
- the obligation to comply with the internal regulations of the company;
- the obligation to remain loyal to the employer in the performance of your duties;
- the obligation to observe the occupational safety and health measures in the work place;
- the obligation to observe professional secrecy rules;
- other obligations provided by employment law and any applicable collective bargaining agreements.
Knowing all the information presented above, you will be able to work legally in Romania, with an individual employment contract, benefiting from the same full rights and obligations, just like a Romanian citizen.
