In 2020, a series of amendments were made to the Labor Code and implicitly to the development of labor relations by LAW no. 85/2020 (published in the OFFICIAL GAZETTE no. 525 of June 18, 2020), LAW no. 151/2020 (published in the OFFICIAL GAZETTE no. 658 of July 24, 2020), LAW no. 213/2020 (published in the OFFICIAL GAZETTE no. 893 of September 30, 2020) and Law no. 298/2020 (Official Gazette, Part I no. 1293 of December 24, 2020).
The individual employment contract is concluded based on the consent of the parties, in written form, in Romanian, at the latest the day before the start of the activity by the employee, and the obligation to conclude the individual employment contract in written form rests with the employer.
Our lawyers in Romania can assist those who wish to sign an employment contract and need more details about how this is drafted.
Table of Contents
Main conditions for drafting employment contracts in Romania
According to the imperative provisions of the Labor Code, employees can work legally only on the basis of an individual employment contract (see below model CIM 2021) concluded in writing with their employer. Through the amendments and completions brought to the Labor Code in 2020 (see the updated form 2021 of the Labor Code), as well as through Law no. 153/2019 represents undeclared work:
- a) receiving a person at work without concluding the individual employment contract in written form, at the latest on the day before the beginning of the activity;
- b) receiving a person at work without transmitting the elements of the individual employment contract in the general register of employees at the latest on the day before the beginning of the activity;
- c) the hiring of an employee during the period in which he has the individual employment contract suspended;
- d) the hiring of an employee outside the work schedule established within the individual part-time employment contracts.
Through the completions brought by Law no. 213/2020, the notion of external consultant specialized in labor legislation was introduced: Article 34 ^ 1 (1) Each employer has the right to organize his activity of human resources and salary in the following ways:
- by assuming by the employer the specific attributions;
- by appointing one or more employees to whom to distribute, through the job description, attributions regarding the human resources and salary activity;
- by contracting external services specialized in human resources and payroll.
Our Romanian lawyers can provide more details as needed.
According to the same rules, the external services specialized in human resources and remuneration will be coordinated by an expert in labor legislation.
Contractual disputes and other provisions listed by our lawyers in Romania
The parties have the ability to resolve labor disputes amicably as per Article 231 ind. 1. The following steps apply:
(1) Unrestricted access to justice is guaranteed by law. In case of an individual labor dispute, the parties will act in good faith and will try to resolve it amicably.
(2) In order to promote the amicable and speedy settlement of individual labor disputes, by derogation from the provisions of art. 208 of the Law on social dialogue no. 62/2011, republished, with subsequent amendments and completions, at the conclusion of the individual employment contract or during its execution, the parties may include in the contract a clause establishing that any individual labor dispute is resolved amicably, through the conciliation procedure.
(3) Conciliation, for the purposes of this law, means the amicable settlement of individual labor disputes, with the help of an external consultant specializing in labor law. Conditions for impartiality, neutrality and confidentiality are set, with free consent of the parties.
(4) The labor law external consultant mentioned in par. (3), hereinafter referred to as an external consultant, may be a lawyer, an expert in labor law or, as the case may be, a mediator specialized in labor law, who, through his active role, will urge the parties to act responsibly to extinguish the conflict, with respect to the rights of employees recognized by law or established by employment contracts. The fee for the external consultant will be paid by the parties according to a previous agreement.
(5) The parties have the right to freely choose their external consultant.
(6) Either party may address the external consultant in order to open the conciliation procedure for the individual labor dispute. He shall send to the other party the written invitation, by the means of communication provided for in the individual employment contract.
(7) The date of opening the conciliation procedure may not exceed 5 working days from the date of communication of the invitation provided in par. (6). The labor disputes contesting term is suspended during the conciliation.
(8) If, as a result of the debates, a solution is reached, the external consultant shall draft an agreement containing the agreement of the parties and the manner of extinguishing the conflict. The agreement will be signed by the parties and by the external consultant and will take effect from the date of signing or from the date expressly provided therein.
(9) The conciliation procedure is closed.
Contact our law firm in Romania if you need more details on how to draft and prepare an employment contract.