Romania: Recordings of conversations between employees and employers might be used in Court as prove

Usually recordings can be used in civil court cases only if both parties are aware that the conversation is being recorded and agree to it. During a recent meeting held by the National Institute of Magistrates, specialized employment judges decided that in employment related cases recordings of conversations between employees and employers (or employers representatives) can exceptionally be used as prove.

The admissibility of such this type of prove in court should be responsibly assessed by the judges taking into consideration the circumstances of each case. All use of non-authorized recordings or non-disclosed recordings in court should be proportional to the scope and the judges should always keep in mind that such recordings should only be allowed in exceptional cases when other types of evidence are not sufficient, possible or satisfactory for a clear ruling.

For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu & Asociatii at magdavolonciu@volonciu.ro or visit www.volonciu.ro.