Last updated on: February 28th, 2022
The Labour Law in Romania is regulated mainly by the Labour Code of 2003. The Labour Code governs the terms and conditions of employment such as working hours, holidays and rest periods, wages, overtime, employment relationships. The Labor relationship is also governed by the Government Emergency Ordinance no. 96 of 14 October 2003 on Maternity Protection at Work, Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities.
Hours & Pay Regulations
An employee is entitled to a minimum duration of the annual leave of 20 working days. The effective duration of the annual leave is fixed in the individual labor contract. The employees working in difficult, dangerous, or unhealthy conditions, the visually impaired persons, and other disabled persons are entitled to a supplementary leave of 3 working days.
The public holidays, as well as the paid days off fixed by the applicable collective labor contract, are not included during the annual leave. For determining the duration of annual leave, the periods of temporary work incapacity, period of maternity leave, periods of maternity risk leave, and periods of leave for caring for a sick child are considered as periods of service.
Annual Leave Pay – The employee is granted annual leave pay which shall be the daily average of the salary rights in the last 3 months before the month when the leave is taken, multiplied by the number of days of leave. The pay shall be provided by the employer at least 5 working days before taking the leave.
Incapacity to work during annual leave – In cases where the temporary incapacity for work or maternity leave, maternity risk leave or sick leave for the care of the sick child occurred during the annual rest leave, in such circumstances the annual leave shall be interrupted, and shall be allowed to be taken the remaining days of leave after such situation has ended.
Sickness during annual leave – If a period of temporary incapacity for work continues for the duration of an entire calendar year, the employer shall grant the employee annual leave within an 18 month period starting with the year following the one in which the employee was on medical leave.
The annual leave is taken every year. In case the employee cannot take whole or part of the annual leave to which he was entitled in the respective calendar year, in such circumstances, the employer shall grant untaken leave to be taken within a period of 18 months starting with the year following the one in which the right to annual rest leave was established.
Scheduling of annual leave – Annual leave is taken on the basis of a collective or individual schedule laid down by the employer after consulting the representatives of the employees. Within the periods of leave laid down, an employee may request the leave at least 60 days before availing of such leave. In case the annual leave has to be taken into parts, the employer shall set the schedule in such a way that an employee takes at least 10 working days of uninterrupted leave in 1 calendar year.
Recall from annual leave – The employer may call back the employee from their annual holiday in case of an act of God or urgent matters. In such a case, the employer shall bear all expenses of the employee and their family necessary to return to the workplace and the potential damages suffered by the employee following the interruption of the leave.
Termination of employment – An employee whose employment is terminated shall be granted monetary compensation for the untaken annual leave. Labour Code of 2003, § 144 – 150.
Effective January 1, 2022, the minimum gross wage amounts to 516 euros per month.
The minimum wage given above may not be updated. Kindly access the link to get the current wage rate.
Employees are entitled to parental leave if they have earned a taxable income in the 12 months preceding the date of the birth of the child and have contributed to the social insurance program. The employees are entitled to leave for a duration of 2 years from the date of the birth of the child. If the child is seriously disabled requiring care, parental leave is provided until the child turns 03 years old.
Pay – Employees are entitled to a parental leave allowance of 85% of the monthly salary (calculated as the average salary for the last 12 months) or a minimum of 600 RON from Social Security. Emergency Ordinance No 148/2005 on the support of the Family for child-raising applicable for births before 31 December 2010, §1(1), 19& 20; Emergency Decree No.111 of 2010 on leave and monthly allowance for raising children for births after January 1 of 2011; Law No. 66/2016.
A pregnant employee is entitled to 126 days of maternity leave, commencing 63 days prior to childbirth and 63 days post-delivery of the child. A minimum of 42 days must be taken by the employee post-childbirth.
Pay – An employee is entitled to 85 percent of their average income over the past 12 months. The compensation during maternity leave is fully paid by the National Social Security Fund. The qualifying condition to receive maternity pay is that the employee has paid the minimum contribution to the health insurance for at least one month over the past 12 months. The allowance is paid even in cases where the child is stillborn.
Maternal Risk Leave – An employee is entitled to maternity risk leave in whole or in part, for a period not exceeding 120 days, if the doctor issues a medical certificate for this purpose. Maternal risk allowance is equal to 75% of the employee’s average monthly income over the last 10 months before such allowance was requested.
Additional Leave – Employees involved in-vitro fertilization procedure are entitled annually to an additional paid 3 days of annual leave which shall be granted as 1 day on the date of the ovarian puncture and 2 days starting with the date of embryo transfer.
Breastfeeding Break – Mothers are entitled to 1 hour’s leave twice per day during the first year of breastfeeding or 2 hours reduction in daily working time. Law Amending Emergency Ordinance on Maternity Protection at Workplaces, 2015, arts. 25; Emergency Ordinance on Maternity Protection at Work, 2003.
A father is entitled to 5 working days of leave following the birth of the child. If the father successfully completes a child care course, in such case the employee receives an additional 10 working days of leave. The right to extend paternity leave is granted only once, regardless of the number of children, and the amount an employee receives will be calculated based on gross salary and will be equal to the amount of salary for the same period.
Pay – The compensation for paternity leave is paid by Social Security. Act on paternity leave 1999, § 1- 4
Employees covered by the pension and social insurance system who have made required contributions are entitled to sick leave of up to 183 days within one year with a possible 90-day extension. The employer pays sick leave for the first 5 days, the Social Security Fund for the remainder of the leave.
Pay – Sick pay is equivalent to 75 percent of the average monthly income during the previous six months. Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities, § 12 – 17.
In the case of special family events, employees are entitled to paid days off from work. These paid days are not part of the annual leave. The special family events and the number of paid days are established by law, by the applicable collective labor agreement, or by the internal regulations. Labour Code of 2003, § 152
Employees are entitled to unpaid leave for solving personal situations. The duration of unpaid leave shall be determined by the applicable collective labor agreement or internal regulation. Labour Code of 2003, § 153.
Employees are entitled to receive, on request, leave for vocational training which can be either paid or unpaid by the employer. The leave for vocational training shall not be deducted from the employee’s annual leave period.
Unpaid leave for professional training shall be granted at the request of the employee, however, such leave can be dismissed by the employer if the employee’s absence would cause serious impairment.
The application for unpaid leave for professional training must be submitted to the employer at least 1 month before his performance and must specify the date of commencement of the training period, its field and duration, as well as the name of the vocational training institution.
The unpaid leave for professional training can be done in installments during a calendar year, for taking the graduation exams of some forms of education, or for taking the promotion exams in the following year within the higher education institutions.
Paid Leave – In case, the employer does not provide leave for professional training as mentioned above, in such circumstances the employee shall be granted paid leave up to 10 working days or 80 hours. The period in which the employee benefits from the paid leave shall be established by mutual agreement with the employer. The request for paid leave for professional training will be submitted to the employer at least 1 month prior to the leave. Labour Code of 2003, § 154 – 156.