Last updated on: June 21st, 2023
The Labour Law in Romania is regulated mainly by the Labour Code of 2003 (last amended 2022). 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 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 right to paid annual leave is guaranteed to all employees. The right to annual leave cannot be subject to any assignment, waiver, or limitation.
Determination of Duration of Annual Leave – For determining the duration of annual leave, the periods of temporary work incapacity, period of maternity leave, periods of maternity risk leave, paternity leave, carer’s leave, and periods of leave for caring for a sick child, are considered as periods of service. The public holidays as well as the paid days off fixed by the applicable collective labor contract are not included during the annual leave.
Annual Leave Pay – The employee is entitled to 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. Programming of annual leave for deciding the dates of annual leave of an employee shall be done by the end of the calendar year for the following year. An employee may request the leave at least 60 days before availing 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.
Carry Forward and accrual of annual 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.
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 as of January 1, 2023, the minimum gross wage amounts to 3.000 RON 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 calendar days of maternity leave.
Prenatal Leave: Pregnant employees are entitled to a prenatal leave of 63 calendar days (9 weeks), which can be taken before the expected date of birth. However, at least 42 days (6 weeks) must be taken before the birth.
Postnatal Leave: After giving birth, the mother is entitled to postnatal leave for a minimum of 42 calendar days (6 weeks) and a maximum of 84 calendar days (12 weeks). The exact duration of postnatal leave depends on the health condition of the mother and the child.
Medical leave certificates for pregnancy are issued for a maximum period of 30/31 calendar days by the family doctor or by the obstetrician-gynecology specialist doctor. After the period of issuance of 30/31 calendar days expires, a new certificate has to be issued. In the event of the mother’s death, at birth or immediately after, the father benefits from the remainder of the leave not taken by the mother.
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 working days of annual leave which shall be granted as 1 working day on the date of the ovarian puncture and 2 working 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.
The insured employee is entitled to leave and allowance for the care of a sick child up to the age of 7, and in the case of a disabled child, for intercurrent ailments until the age of 18 and with serious illnesses up to 16 years old.
This sick leave can be granted to both the mother and the father who have a sick child at home. The parent who submits an application for such leave must have completed the contribution period of at least 6 months in the last year to the public social insurance system. Leave is granted for a period of 45 calendar days.
An employee is required to provide a medical certificate for the treatment of the child which can be sent on paper or by electronic means of remote transmission. The medical leave is extended to 90 days when the child is diagnosed with infectious-contagious diseases, immobilized in specific systems of the locomotor apparatus, and undergoing surgery.
Pay– An employee is entitled to 85% of the gross income. Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities, § 26
A father is entitled to 10 working days of leave following the birth of the child. If the father of the newborn obtains the certificate of completion of the child care course, the duration of paternity leave granted is increased by 5 working days (i.e. a total of 15 working days). The right to extend paternity leave is granted to each child, 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 and the Social Security Fund for the remainder of the leave.
Sick Certificate Requirement – The employee is required to provide a medical certificate issued by their attending physician no later than 5 days of such illness. This certificate can be filled out by doctors either in paper format or electronically. They have the option to send the medical leave certificates to employers or relevant legal entities through traditional paper-based methods or via remote electronic transmission, depending on the applicable procedures and requirements.
Pay – Sick pay is equivalent to 75 percent of the average monthly income during the previous six months. An employee is entitled to receive leave and allowances for the prevention of illnesses and recovery from temporary loss or impairment of their working capacity due to injury, or disability as –
- allowance for reducing working time;
- leave and allowance for quarantine;
- spa treatment, in accordance with the individual recovery program.
Emergency Ordinance No. 158/2005 on the social health insurance leaves and indemnities, § 12 – 17.
Caretaker leave is granted to employees in case of care or support of a relative or a person living in the same household as the employee, for serious medical matters. This type of leave is granted for 5 working days during a calendar year, upon the written request of the employee. Labour Code of 2003, § 152(2).
Employees are entitled to be absent from work in the case of unpredictable circumstances (i.e. urgent family matters caused by disease or accident), based on the prior notice of the employer in this respect. This type of absence extends for a maximum of 10 working days during a calendar year and is subject to the employee performing additional work pro-rated to the number of absent working hours. Labour Code of 2003, § 152(3).
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 internal regulations.
Private sector employers are obligated to include specific types of paid leave, such as bereavement leave for the loss of a spouse, child, parents, in-laws, grandparents, or siblings, as well as marriage leave and job relocation within the same company, along with changing residence to a different locality, in their internal policies or collective labor agreements at the unit level.
Employees are then required to submit a leave request for these special events, accompanied by relevant supporting documents such as birth, marriage, or death certificates. 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.
Employees are eligible to take a paid working day off from work when they donate blood, provided they present supporting documents issued by the specialized institution. GD no. 1364/2006.