As a rule, the individual employment agreement is an unlimited (open-ended) term contract. However, the individual employment contract may also be for a fixed-term or part-time.
According to the Romanian Labour Code, any kind of individual employment contract must be concluded in writing, in the Romanian language and on the basis of both parties’ consent (employer and employee). Before the beginning of the employment relationship, the employer has the obligation to conclude the individual employment contract and register it with the employees’ electronic program (ReviSal).
Prior to the conclusion or amendment of the individual employment contract, the employer has the obligation to inform the person selected for employment or the employee, about the essential clauses to be introduced in the contract or to be amended. The individual employment contract shall be concluded after the employer performs a preliminary check of the personal and professional abilities of the applicant. Information about the work performed and the duration of the work, from the former employer may be requested only after having first informed the applicant.
A medical certificate upon hiring an applicant, represents a mandatory requirement for concluding an individual employment contract, in order to determine whether the applicant is fit for the job. In case the medical certificate is missing, the contract is null and void.
The individual employment contract must contain the following provisions:
- the identity of the parties;
- the place of work;
- the headquarters or domicile of the employer;
- the position/occupation according to the Romanian Classification of Occupations or other regulatory documents and the job description;
- the professional activity evaluation criteria applied by the employer;
- the job-specific risks;
- the employment start date;
- the expiration date, in the case of a limited duration or temporary employment contract;
- the annual entitlement to paid holiday leave;
- the conditions and the length of the notice period (both dismissal and resignation);
- the compensation and the payment frequency;
- the working time, expressed in hours per day and hours per week;
- the reference to the collective labour agreement governing the working conditions of the employee;
- the length of the probationary period.
Besides the essential clauses, the parties may also negotiate and include other specific clauses in the individual employment contract, such as: a) professional training; b) non-compete clause; c) mobility clause; d) confidentiality clause.
In addition to the general requirements, part-time contracts must state the following: a) the working time and the working schedule; b) cases when the working schedule may be amended; c) overtime work prohibition, except for acts of God or other urgent works intended to prevent the accidents or to remove their consequences.
Fixed-term contracts may be concluded only for the limited cases provided by the Labour Code (requires that agreement states essential information and the duration of the contract).
When negotiating the employment contract, both the employer and the employee can be assisted by third party specialists, including lawyers.