Employer of Record in Romania
An Employer of Record (EOR) is a third-party organization that legally employs workers on behalf of another company. This allows businesses to hire employees in a foreign country without needing to establish their own local legal entity. The EOR takes on the responsibility for payroll processing, tax withholding and filing, benefits administration, employment contract management, and ensuring full compliance with all local labor laws and regulations. The client company retains control over the employee's day-to-day work and responsibilities.
Hiring in Romania presents opportunities but also involves navigating specific labor laws, tax regulations, and administrative processes. Establishing a local entity can be time-consuming and complex. An EOR service provides a streamlined solution, enabling companies to quickly and compliantly hire Romanian talent, managing the legal and administrative burdens associated with local employment.
How an EOR Works in Romania
When you partner with an EOR in Romania, your chosen candidate is legally employed by the EOR entity. The EOR drafts and manages the employment contract in compliance with Romanian labor law, including specifics around working hours, leave entitlements, and termination procedures. They handle monthly payroll processing, calculate and remit income tax and social contributions (health insurance, pension, unemployment) to the relevant Romanian authorities. The EOR also ensures compliance with mandatory benefits and manages HR administrative tasks, allowing your company to focus on managing the employee's work output.
Benefits of Using an EOR in Romania
Utilizing an EOR offers significant advantages for companies looking to hire in Romania without setting up a local subsidiary. The primary benefit is speed to market; you can hire employees much faster than the time it takes to incorporate a new entity. It significantly reduces the administrative burden and cost associated with payroll, tax, and HR compliance in a foreign jurisdiction. An EOR ensures your operations remain fully compliant with Romania's dynamic labor legislation, mitigating legal risks and potential penalties. This model provides flexibility, allowing you to test the market or hire specific talent without a long-term commitment to establishing a permanent local presence.
Get a payroll calculation for Romania
Understand what the employment costs are that you have to consider when hiring Romania
Employ top talent in Romania through our Employer of Record service
Book a call with our EOR experts to learn more about how we can help you in Romania
Book a call with our EOR experts to learn more about how we can help you in Romania.
Responsibilities of an Employer of Record
As an Employer of Record in Romania, Rivermate is responsible for:
- Creating and managing the employment contracts
- Running the monthly payroll
- Providing local and global benefits
- Ensuring 100% local compliance
- Providing local HR support
Responsibilities of the company that hires the employee
As the company that hires the employee through the Employer of Record, you are responsible for:
- Day-to-day management of the employee
- Work assignments
- Performance management
- Training and development
Recruitment in Romania
Romania's recruitment market in 2025 is driven by growth in IT, BPO, manufacturing, healthcare, and e-commerce sectors. Key IT hubs include Bucharest, Cluj-Napoca, and Iasi, with high demand for software developers, data scientists, and cybersecurity specialists. The BPO sector remains robust, especially in Brasov and Timisoara, offering roles in customer support and finance. The manufacturing and healthcare industries also present steady opportunities, requiring skilled engineers, technicians, and medical professionals.
Romania benefits from a well-educated, multilingual workforce, with universities like University of Bucharest and Babes-Bolyai producing graduates in technical and business fields. However, skill gaps exist in advanced IT, engineering, and management roles, prompting companies to invest in training. Effective recruitment channels include online job boards (eJobs, BestJobs, Indeed), social media (LinkedIn, Facebook), recruitment agencies, university partnerships, and company career pages.
Key data points include salary ranges for common roles:
| Role | Average Monthly Salary (RON) |
|---|---|
| Software Developer | 8,000 - 15,000 |
| IT Project Manager | 12,000 - 20,000 |
| Customer Support Specialist | 4,000 - 7,000 |
| Accountant | 6,000 - 10,000 |
| Marketing Manager | 9,000 - 16,000 |
The typical hiring process spans 6-9 weeks, involving job posting, interviews, assessments, background checks, and negotiations. Challenges include high competition for skilled talent, elevated salary expectations, retention issues, and regional differences. Solutions focus on competitive compensation, employer branding, career development, and regional tailoring of recruitment strategies. Candidates prioritize competitive pay, growth opportunities, work-life balance, and a positive company culture.
Taxes in Romania
Romania's tax obligations for employers include social security contributions, income tax withholding, and compliance with reporting deadlines. Employers must contribute 25% of gross salary to social security (CAS), 10% to health insurance (CASS), and between 0.15%-0.85% for work accident insurance based on risk level, plus 0.5% for unemployment. They are responsible for withholding 10% income tax from employees' taxable income, which is calculated after social contributions.
Employees benefit from deductions such as personal allowances, which vary by income level, and dependents, with additional deductions for voluntary pension contributions up to 400 EUR annually. Employers must file monthly tax returns (Form 112) by the 25th of the following month and settle all dues by the same date. An annual reconciliation is also required by February.
Foreign workers and companies face specific considerations, including determining tax residency (over 183 days in Romania), adherence to double taxation treaties, and rules for seconded employees. Foreign companies with a permanent establishment in Romania may be liable for corporate income tax on profits attributable to that entity.
| Contribution Type | Rate | Base |
|---|---|---|
| Social Security (CAS) | 25% | Gross Salary |
| Health Insurance (CASS) | 10% | Gross Salary |
| Work Accident Insurance | 0.15%-0.85% | Gross Salary |
| Unemployment Contribution | 0.5% | Gross Salary |
| Income Tax Rate | 10% | Taxable Income | |
| Personal Allowance (Monthly) | Up to 2,000 RON: 510 RON; 2,001-4,000 RON: 420 RON; Over 4,000 RON: 0 RON |
| Reporting Deadlines | Monthly returns (Form 112): 25th of following month; Annual reconciliation: February |
Leave in Romania
Romania's employment laws guarantee employees paid time off for various needs, with specific regulations for annual leave, public holidays, sick leave, and parental leave. All employees are entitled to a minimum of 20 working days of paid annual leave per year, which should be granted within 12 months after the year-end. Unused leave must be compensated financially upon employment termination.
Public holidays are observed nationwide, with employees generally receiving paid time off; work on these days may entitle employees to additional pay or compensatory leave. Key public holidays in 2025 include New Year's Day, Unification Day, Orthodox Easter, Labor Day, and Christmas.
Sick leave benefits depend on insurance contributions, with employees receiving 75% of their average gross earnings for ordinary illnesses and up to 100% for certain contagious diseases or work accidents. Maternity leave lasts 126 days, with an 85% benefit, and parental leave can extend until the child turns 2 or 3 (disabilities). Fathers are entitled to 5 days of paternity leave, extendable to 15 days with additional training. Adoption leave offers up to one year of paid leave.
| Leave Type | Duration / Details | Compensation |
|---|---|---|
| Annual Leave | Minimum 20 working days/year | Regular salary |
| Public Holidays | Multiple, specific dates (e.g., Jan 1, Dec 25) | Paid day off |
| Sick Leave | Varies; up to 75-100% of salary, depending on illness | Percentage of average earnings |
| Maternity Leave | 126 days; at least 42 days post-birth | 85% of last 6 months' earnings |
| Paternity Leave | 5 days (extendable to 15) | Full salary |
| Adoption Leave | Up to 1 year | Monthly allowance |
Benefits in Romania
Romania's employee benefits are governed by legal mandates and market practices, with mandatory benefits including at least 20 days of paid annual leave, public holidays, paid sick leave, parental leave, and contributions to social security, health insurance, and unemployment funds. Employers must also provide severance pay in certain cases. Beyond legal requirements, many companies offer optional benefits such as private health insurance, meal vouchers, supplementary pension plans, life insurance, professional development, wellness programs, company cars, and flexible work arrangements to attract and retain talent.
Health coverage is a key aspect, with public healthcare funded through contributions, but private insurance is highly valued for faster access and broader services, often partially covered by employers. The Romanian pension system comprises three pillars: state pension (mandatory), private mandatory, and voluntary private plans, with employer contributions often extending to these voluntary schemes. Benefit offerings vary by industry, company size, and employee expectations, with larger firms typically providing more comprehensive packages.
| Benefit | Small (1-50) | Medium (51-250) | Large (250+) |
|---|---|---|---|
| Mandatory Benefits | Yes | Yes | Yes |
| Private Health Insurance | Sometimes | Often | Usually |
| Meal Vouchers | Often | Usually | Always |
| Pension Contributions | Rarely | Sometimes | Often |
| Life Insurance | Rarely | Sometimes | Often |
| Wellness Programs | Rarely | Sometimes | Usually |
| Flexible Work | Sometimes | Often | Usually |
Employers must comply with Romanian labor law, accurately remit social security and health contributions, adhere to tax regulations on benefits, and maintain proper records. Collective bargaining agreements may also specify additional employee entitlements.
Workers Rights in Romania
Romanian labor laws in 2025 emphasize employee protection through clear regulations on termination, anti-discrimination, working conditions, and dispute resolution. Employers must follow strict procedures for dismissals, including notice periods (minimum 20 working days for resignations and redundancy) and severance pay when applicable. Termination reasons must be justified, and employees can challenge unfair dismissals in court.
Anti-discrimination laws prohibit bias based on characteristics such as race, gender, age, disability, and political opinion, with enforcement by the CNCD. Employers are responsible for implementing policies promoting equality and preventing discrimination, including training and complaint systems. Victims may seek damages for discrimination.
Workplace standards include a 40-hour workweek, minimum 12-hour daily rest, 48-hour weekly rest, and at least 20 days of paid annual leave. Maternity leave lasts 126 days with state benefits, and parental leave options are available. Employers must ensure safe working environments and adhere to health and safety regulations.
| Aspect | Key Data Points |
|---|---|
| Notice Period (Resignation) | Minimum 20 working days |
| Notice Period (Redundancy) | 20 working days to 2 months, depending on tenure |
| Severance Pay | Required for redundancy; amount specified in contracts or collective agreements |
| Protected Characteristics | Race, ethnicity, religion, gender, sexual orientation, age, disability, political opinion, union membership |
| Working Hours | 40 hours/week; overtime compensated |
| Rest Periods | 12 hours daily; 48 hours weekly |
| Paid Leave | Minimum 20 days annually; additional for special events |
| Maternity Leave | 126 days, state-paid |
Agreements in Romania
Employment agreements in Romania are essential for defining employer-employee rights, responsibilities, and terms. They include two main types: fixed-term contracts, which have a set duration and can be extended within legal limits, and indefinite-term contracts, offering ongoing employment until termination. Employers must specify key clauses such as job responsibilities, compensation, working conditions, confidentiality, and non-compete provisions to ensure clarity and legal compliance.
Key data points for employers:
| Contract Type | Duration | Extension Limits | Job Security |
|---|---|---|---|
| Fixed-Term | Predetermined start and end date | Limited extensions allowed | Less secure than indefinite |
| Indefinite-Term | No specified end date | Not applicable | Greater job stability |
Mandatory clauses include job description, salary, working hours, confidentiality, and termination conditions. Properly structured employment agreements are vital for legal compliance and fostering a productive work environment in Romania.
Remote Work in Romania
Romania's remote work landscape has expanded significantly, driven by digital adoption and evolving workplace trends. The legal framework, primarily governed by Law no. 81/2018, mandates written telework agreements detailing job duties, location, hours, equipment, health and safety, and data protection. Employers are responsible for providing necessary equipment, ensuring safety, and respecting employees' right to disconnect, aligning with GDPR compliance for data privacy.
Flexible work options such as flextime, compressed workweeks, job sharing, and part-time arrangements are common, requiring clear policies, effective communication, and managerial training. Key data points include:
| Flexible Arrangement | Description | Typical Use Cases |
|---|---|---|
| Flextime | Vary start/end times | Work-life balance |
| Compressed Workweek | Fewer days, longer hours | Extended weekends |
| Job Sharing | Shared responsibilities | Part-time flexibility |
| Part-Time Work | Reduced weekly hours | Work-life balance |
Remote work success depends on robust infrastructure, including high-speed internet, VPNs, collaboration tools, and cloud storage. Data security measures—such as encryption, access controls, and employee training—are critical, especially under GDPR. Employers typically provide or reimburse for equipment, internet, and utilities, with policies requiring transparency and documentation. Regular assessments and technological support are vital for maintaining productivity and security in Romania’s remote work environment.
Working Hours in Romania
Romania's labor law sets a standard full-time workweek of 40 hours, usually spread over five days, with a maximum of 48 hours including overtime. Daily work typically lasts 8 hours, with shorter hours possible in hazardous conditions. Overtime is allowed only with employee consent, limited to 8 hours per week, and must be compensated according to legal rates.
Overtime compensation varies by rate, with mandatory pay increases for extra hours worked. Employers must keep accurate records of working hours and adhere to rest period regulations. The legal framework emphasizes employee protection while allowing flexibility within defined limits.
| Aspect | Details |
|---|---|
| Standard workweek | 40 hours |
| Max total hours including OT | 48 hours |
| Daily hours | 8 hours |
| Overtime limit | 8 hours per week |
| Overtime compensation rate | Varies; see below |
| Overtime Rate | Compensation Details |
|---|---|
| Standard rate | 125% of regular pay (for weekdays) |
| Night shift | 135% of regular pay |
| Rest day overtime | 200% of regular pay |
Employers must maintain records and ensure compliance with rest and overtime regulations to foster a fair and lawful working environment.
Salary in Romania
Romania's salary landscape in 2025 reflects economic growth, labor shortages, and EU integration, necessitating competitive compensation strategies for employers. Salary ranges vary significantly by industry and role, with IT positions like Software Developers earning between 120,000 and 250,000 RON annually (24,000–50,000 EUR), while roles such as Customer Service Agents earn 40,000–80,000 RON (8,000–16,000 EUR). Minimum gross wages are set at 3,700 RON (740 EUR) nationally, with higher rates for construction at 4,582 RON (916 EUR). Employers must comply with these legal minimums to avoid penalties.
Additional benefits like holiday bonuses, performance incentives, meal vouchers, transportation allowances, and the 13th salary are common, varying by company and industry. Salaries are typically paid monthly via bank transfer, with payslips detailing earnings and deductions. Trends indicate upward salary movement driven by economic growth, sector-specific labor shortages, inflation, and EU integration, making attractive packages essential for talent retention.
| Salary Range (RON) | Salary Range (EUR) |
|---|---|
| 120,000–250,000 | 24,000–50,000 |
| 90,000–180,000 | 18,000–36,000 |
| 80,000–160,000 | 16,000–32,000 |
| 70,000–140,000 | 14,000–28,000 |
| 60,000–120,000 | 12,000–24,000 |
| 40,000–80,000 | 8,000–16,000 |
Termination in Romania
In Romania, employee termination must strictly follow the Labor Code to prevent legal disputes. Notice periods vary by employee role and tenure, with a minimum of 20 working days for employer-initiated layoffs and up to 45 days for executive resignations. The following table summarizes notice requirements:
| Employee Category | Minimum Notice (Employer) | Maximum Notice (Resignation) |
|---|---|---|
| Executive | 20 working days | 45 working days |
| Non-Executive | 20 working days | 20 working days |
Severance pay is generally required only in cases of collective dismissal or as specified in employment contracts or collective agreements, often based on tenure and salary. Grounds for termination include misconduct, poor performance, business restructuring, redundancy, or incapacity. Disciplinary dismissals require thorough investigation, written notices, and employee defense rights, while layoffs demand justification, proper notice, consultation, and potential offer of alternative positions.
Employees are protected against wrongful dismissal, with rights to appeal within 45 days, potential reinstatement, and damages for unlawful termination or discrimination. Termination during protected leaves such as sick or maternity leave is also prohibited, emphasizing the importance of compliance with procedural and substantive legal standards for employers operating in Romania.
Freelancing in Romania
Romania has experienced a notable rise in freelancing and independent contracting, driven by the demand for work flexibility and specialized skills. For companies engaging with independent contractors in Romania, understanding the legal distinctions between employees and contractors is crucial to avoid misclassification and potential penalties. Romanian law differentiates employment from contracting based on criteria like subordination, working hours, and integration into the company. Misclassification can result in back taxes, fines, and reclassification by authorities.
Independent contractors typically operate under structures like Persoană Fizică Autorizată (PFA), Societate cu Răspundere Limitată (SRL), or through civil contracts. Each structure has specific tax implications, with PFAs and SRLs responsible for their own tax and social contributions. Key contractual elements include scope of work, payment terms, confidentiality, and intellectual property rights, which must be clearly defined to ensure compliance and protect both parties. Intellectual property rights usually remain with the contractor unless explicitly transferred in the contract.
| Legal Structure | Tax Rate/Obligations |
|---|---|
| PFA | Income Tax: 10% (Real System or Income Norm); CASS: 10%; CAS: 25%; VAT if >€88,500 |
| SRL | Microenterprise Tax: 1% (with employee) or 3% (without); Dividend Tax: 8%; VAT if >€88,500 |
Independent contractors are prevalent in sectors like IT, marketing, consulting, and creative arts, offering companies access to specialized skills and workforce flexibility. However, companies must ensure proper classification and contractual arrangements to maintain compliance and foster effective collaborations.
Dispute Resolution in Romania
Romania offers multiple dispute resolution avenues for employment conflicts, including labor courts and arbitration. Labor courts, part of the judicial system, handle cases related to employment contracts and collective agreements, requiring claim filing and evidence presentation. Arbitration is a voluntary, binding process where disputes are settled by an arbitrator or panel.
Employers must maintain compliance through regular audits and inspections to avoid penalties and foster fair labor practices. Staying informed about legal procedures, reporting mechanisms, and international standards is essential for effective risk management and dispute resolution.
| Dispute Resolution Method | Jurisdiction & Process |
|---|---|
| Labor Courts | State courts handling employment disputes; involve claim filing, evidence, and judgment issuance. |
| Arbitration Panels | Voluntary, binding resolution by an arbitrator; enforceable in courts. |
Cultural Considerations in Romania
Romania's business culture is relationship-oriented, emphasizing trust and personal connections. While increasingly adopting international practices, understanding local cultural values remains vital for success. Effective communication combines directness with formality, and respecting hierarchical structures is important for workplace interactions.
Key cultural considerations include:
- Emphasis on relationship-building and trust
- Formal communication style
- Respect for hierarchy and cultural norms
| Aspect | Key Points |
|---|---|
| Communication Style | Direct yet formal; importance of respectful interactions |
| Hierarchical Respect | Hierarchies influence decision-making and workplace dynamics |
| Relationship Focus | Building personal connections fosters trust and long-term partnerships |
| Cultural Norms | Awareness of local customs enhances business relationships |
Understanding these nuances helps international companies navigate Romania's evolving market effectively, fostering stronger partnerships and smoother negotiations.
Work Permits & Visas in Romania
Romania's work permit system for foreign nationals includes several visa types tailored to different employment needs. The most common are the Type D Long-Stay Visa, EU Blue Card for highly skilled workers, ICT Permit for intra-company transfers, and the Single Permit, which combines residence and work authorization. These visas serve as the basis for obtaining work permits and facilitate legal employment in Romania.
Employers must sponsor foreign workers and ensure compliance with application procedures and ongoing regulatory obligations. Key requirements vary by visa type but generally include proof of employment, qualifications, and salary thresholds, especially for the EU Blue Card. The application process involves multiple steps, with pathways available for obtaining permanent residency.
| Visa Type | Purpose | Key Requirements |
|---|---|---|
| Type D Visa | Long-term work in Romania | Employment offer, valid passport, proof of accommodation |
| EU Blue Card | Highly skilled workers | Education, salary threshold, employment contract |
| ICT Permit | Intra-company transfer | Employer transfer letter, employment proof |
| Single Permit | Residence and work combined | Application for both, employment contract, accommodation |
Employers should stay informed about these categories to ensure compliance and facilitate smooth hiring processes for foreign employees.
guides.country.faq.title
Who handles the filing and payment of employees' taxes and social insurance contributions when using an Employer of Record in Romania?
When using an Employer of Record (EOR) in Romania, the EOR handles the filing and payment of employees' taxes and social insurance contributions. This includes the calculation, withholding, and remittance of income tax, social security contributions, health insurance, and other mandatory contributions to the relevant Romanian authorities. The EOR ensures compliance with local tax laws and regulations, thereby relieving the client company of the administrative burden and complexities associated with payroll and tax compliance in Romania. This allows the client company to focus on its core business activities while ensuring that all legal obligations related to employment are met.
Is it possible to hire independent contractors in Romania?
Yes, it is possible to hire independent contractors in Romania. However, there are several important considerations and legal requirements to keep in mind:
-
Legal Framework: Independent contractors in Romania are governed by the Romanian Civil Code, rather than the Labor Code, which applies to employees. This distinction is crucial as it affects the nature of the contractual relationship, tax obligations, and social security contributions.
-
Contractual Agreement: When hiring an independent contractor, it is essential to have a well-drafted contract that clearly outlines the scope of work, payment terms, duration, and other relevant conditions. This contract should explicitly state that the individual is an independent contractor and not an employee to avoid any misclassification issues.
-
Taxation: Independent contractors in Romania are responsible for their own tax filings. They must register with the Romanian tax authorities and pay income tax, which is generally a flat rate of 10%. Additionally, they are required to pay social security contributions, which include health insurance and pension contributions.
-
Misclassification Risks: One of the significant risks of hiring independent contractors is the potential for misclassification. Romanian authorities may reclassify an independent contractor as an employee if the nature of the work relationship resembles that of an employment relationship. Factors such as control over work hours, provision of tools and equipment, and the degree of independence can influence this determination. Misclassification can lead to penalties, back taxes, and social security contributions.
-
Benefits of Using an Employer of Record (EOR): To mitigate the risks and complexities associated with hiring independent contractors, many companies opt to use an Employer of Record (EOR) service like Rivermate. An EOR can handle all compliance aspects, including tax filings, social security contributions, and ensuring that the contractual relationship adheres to Romanian laws. This allows companies to focus on their core business activities while ensuring legal compliance and reducing administrative burdens.
In summary, while it is possible to hire independent contractors in Romania, it requires careful attention to legal and tax obligations. Utilizing an EOR service can provide peace of mind and ensure compliance with local regulations.
What is HR compliance in Romania, and why is it important?
HR compliance in Romania refers to the adherence to the country's labor laws, regulations, and standards that govern employment practices. This includes a wide range of legal requirements such as employment contracts, working hours, wages, employee benefits, health and safety standards, termination procedures, and data protection laws. Ensuring HR compliance is crucial for several reasons:
-
Legal Obligations: Romanian labor laws are comprehensive and cover various aspects of employment. Companies must comply with these laws to avoid legal penalties, fines, and potential lawsuits. Non-compliance can result in significant financial and reputational damage.
-
Employee Rights and Protections: Compliance ensures that employees' rights are protected. This includes fair wages, safe working conditions, and protection against unfair dismissal. Adhering to these standards helps in maintaining a motivated and productive workforce.
-
Avoiding Disputes: Proper HR compliance minimizes the risk of disputes between employers and employees. Clear and lawful employment practices help in resolving conflicts efficiently and maintaining a harmonious workplace.
-
Reputation Management: Companies that comply with HR regulations are viewed more favorably by employees, customers, and the public. This enhances the company's reputation and can be a competitive advantage in attracting and retaining talent.
-
Operational Efficiency: Compliance with HR laws ensures that the company operates smoothly without interruptions caused by legal issues. This allows the company to focus on its core business activities and growth.
-
Data Protection: With the implementation of the General Data Protection Regulation (GDPR) in the European Union, including Romania, companies must ensure that employee data is handled in compliance with data protection laws. This is crucial for maintaining trust and avoiding hefty fines.
Using an Employer of Record (EOR) like Rivermate can significantly aid in achieving HR compliance in Romania. An EOR takes on the responsibility of managing all aspects of employment, including compliance with local labor laws. This includes:
- Drafting and managing employment contracts in accordance with Romanian law.
- Ensuring that payroll is processed accurately and on time, including the correct calculation of taxes and social contributions.
- Managing employee benefits and ensuring they meet legal requirements.
- Handling termination procedures in compliance with local regulations to avoid wrongful termination claims.
- Keeping up-to-date with changes in labor laws and ensuring the company remains compliant.
By leveraging the expertise of an EOR, companies can mitigate the risks associated with non-compliance, reduce administrative burdens, and focus on their strategic objectives while ensuring that their operations in Romania are legally sound.
What is the timeline for setting up a company in Romania?
Setting up a company in Romania involves several steps and can take anywhere from a few weeks to a couple of months, depending on the complexity of the business and the efficiency of the processes. Here is a detailed timeline for setting up a company in Romania:
-
Choosing the Company Type and Name (1-2 days):
- Decide on the type of company you want to establish (e.g., Limited Liability Company - SRL, Joint Stock Company - SA).
- Check the availability of the desired company name with the Romanian Trade Register.
-
Drafting and Notarizing the Articles of Association (2-5 days):
- Prepare the Articles of Association, which outline the company's structure, purpose, and operational guidelines.
- Have the Articles of Association notarized by a public notary.
-
Opening a Bank Account and Depositing Share Capital (1-3 days):
- Open a bank account in the company's name.
- Deposit the required share capital (minimum RON 200 for an SRL).
-
Registering with the Trade Register (5-10 days):
- Submit the necessary documents to the Romanian Trade Register, including the Articles of Association, proof of share capital deposit, and other required forms.
- The Trade Register will review the documents and, if everything is in order, issue a registration certificate.
-
Obtaining a Tax Identification Number (1-3 days):
- Register the company with the National Agency for Fiscal Administration (ANAF) to obtain a tax identification number.
-
Registering for VAT (if applicable) (5-10 days):
- If your company is expected to have a turnover exceeding the VAT threshold or if you choose to register voluntarily, apply for VAT registration with ANAF.
-
Registering for Social Security and Health Insurance (1-3 days):
- Register the company with the relevant social security and health insurance authorities to comply with employment regulations.
-
Obtaining Necessary Licenses and Permits (varies):
- Depending on the nature of your business, you may need to obtain specific licenses or permits from various regulatory bodies. The time required for this step can vary significantly.
-
Setting Up Accounting and Payroll Systems (1-5 days):
- Establish accounting and payroll systems to ensure compliance with Romanian financial and labor regulations.
Overall, the process of setting up a company in Romania can take approximately 2-6 weeks, assuming there are no significant delays or complications. However, this timeline can be extended if additional licenses or permits are required or if there are issues with document submission and approval.
Using an Employer of Record (EOR) service like Rivermate can significantly streamline this process. An EOR can handle many of the administrative and compliance-related tasks, allowing you to focus on your core business activities. This can reduce the setup time and ensure that all legal and regulatory requirements are met efficiently.
What options are available for hiring a worker in Romania?
In Romania, employers have several options for hiring workers, each with its own set of legal, administrative, and financial implications. Here are the primary options available:
-
Direct Employment:
- Permanent Contracts: This is the most common form of employment in Romania. It involves hiring an employee directly under an indefinite-term contract. The employer is responsible for all aspects of employment, including payroll, taxes, social security contributions, and compliance with Romanian labor laws.
- Fixed-Term Contracts: Employers can hire workers on a fixed-term basis for specific projects or temporary needs. These contracts are subject to certain legal limitations, such as the maximum duration and the number of renewals.
-
Temporary Employment:
- Temporary Work Agencies: Employers can hire workers through temporary work agencies. These agencies handle the administrative and legal responsibilities, while the workers perform their duties for the client company. This option is suitable for short-term or seasonal needs.
-
Freelancers and Independent Contractors:
- Freelancers: Hiring freelancers or independent contractors is another option. These individuals are not considered employees and are responsible for their own taxes and social security contributions. This arrangement offers flexibility but requires careful management to ensure compliance with Romanian labor laws, particularly regarding the distinction between employees and contractors.
-
Employer of Record (EOR) Services:
- Employer of Record (EOR): Using an EOR service like Rivermate can simplify the hiring process in Romania. An EOR acts as the legal employer on behalf of the client company, handling all employment-related responsibilities, including payroll, tax compliance, benefits administration, and adherence to local labor laws. This option is particularly beneficial for companies looking to expand into Romania without establishing a legal entity in the country.
Benefits of Using an Employer of Record (EOR) in Romania
-
Compliance with Local Laws:
- An EOR ensures that all employment practices comply with Romanian labor laws and regulations, reducing the risk of legal issues and penalties.
-
Simplified Payroll and Tax Management:
- The EOR handles payroll processing, tax withholding, and social security contributions, ensuring accurate and timely payments.
-
Cost-Effective Expansion:
- Using an EOR allows companies to hire employees in Romania without the need to set up a local subsidiary, saving time and resources.
-
Focus on Core Business Activities:
- By outsourcing HR and administrative tasks to an EOR, companies can focus on their core business operations and strategic goals.
-
Access to Local Expertise:
- EORs have in-depth knowledge of the local labor market and employment practices, providing valuable insights and support for effective workforce management.
-
Flexibility and Scalability:
- An EOR offers flexibility in hiring, allowing companies to scale their workforce up or down based on business needs without the complexities of direct employment.
In summary, while there are multiple options for hiring workers in Romania, using an Employer of Record service like Rivermate can provide significant advantages in terms of compliance, cost-efficiency, and operational simplicity.
What are the costs associated with employing someone in Romania?
Employing someone in Romania involves several costs that employers need to consider. These costs can be broadly categorized into gross salary, social security contributions, health insurance, and other mandatory benefits. Here’s a detailed breakdown:
-
Gross Salary:
- The gross salary is the total amount agreed upon with the employee before any deductions. As of 2023, the minimum gross salary in Romania is RON 3,000 per month. However, salaries can vary widely depending on the industry, role, and experience level.
-
Employer Social Security Contributions:
- Employers in Romania are required to contribute to social security on behalf of their employees. The main contributions include:
- Pension Fund (CAS): 25% of the gross salary.
- Health Insurance (CASS): 10% of the gross salary.
- Work Insurance Contribution: 2.25% of the gross salary.
- Employers in Romania are required to contribute to social security on behalf of their employees. The main contributions include:
-
Employee Contributions:
- Employees also have deductions from their gross salary, which include:
- Pension Fund (CAS): 25% of the gross salary.
- Health Insurance (CASS): 10% of the gross salary.
- Income Tax: 10% of the taxable income (gross salary minus employee contributions).
- Employees also have deductions from their gross salary, which include:
-
Additional Costs:
- Meal Vouchers: Many employers provide meal vouchers, which are a common benefit in Romania. The value of these vouchers can vary, but they are typically around RON 20 per working day.
- Holiday Bonuses: Some companies offer holiday bonuses or 13th-month salaries, which can add to the overall employment cost.
- Training and Development: Investment in employee training and development can also be a significant cost, depending on the industry and specific requirements.
-
Administrative and Compliance Costs:
- Employers must also consider the administrative costs associated with compliance, payroll processing, and HR management. This includes maintaining accurate records, ensuring timely payments, and adhering to local labor laws and regulations.
-
Severance Pay:
- In the event of termination, employers may be required to provide severance pay, depending on the circumstances and the employee’s length of service. The specifics can vary, but it’s an important cost to consider.
Using an Employer of Record (EOR) like Rivermate can help manage these costs effectively. An EOR handles all aspects of employment, including payroll, tax compliance, and benefits administration, ensuring that all legal requirements are met. This can save time and reduce the risk of non-compliance, allowing businesses to focus on their core operations while ensuring their employees in Romania are well taken care of.
How does Rivermate, as an Employer of Record in Romania, ensure HR compliance?
Rivermate, as an Employer of Record (EOR) in Romania, ensures HR compliance through a comprehensive understanding and application of local labor laws, regulations, and best practices. Here are several ways Rivermate achieves this:
-
Local Expertise: Rivermate employs local HR professionals who are well-versed in Romanian labor laws and regulations. This local expertise ensures that all employment practices are compliant with national standards, including hiring, contracts, payroll, benefits, and terminations.
-
Employment Contracts: Rivermate prepares and manages employment contracts that comply with Romanian labor laws. These contracts include all mandatory clauses and terms, such as working hours, salary, job description, and termination conditions, ensuring that both the employer and employee are protected.
-
Payroll Management: Rivermate handles payroll processing in accordance with Romanian regulations. This includes calculating and withholding the correct amount of taxes, social security contributions, and other statutory deductions. They also ensure timely payment of salaries and compliance with minimum wage laws.
-
Tax Compliance: Rivermate ensures that all tax obligations are met, including corporate taxes, employee income taxes, and social security contributions. They stay updated on any changes in tax legislation to ensure ongoing compliance.
-
Benefits Administration: Rivermate manages statutory benefits such as health insurance, pension contributions, and other mandatory benefits. They also help design and administer additional benefits that comply with local laws and meet the needs of employees.
-
Labor Law Adherence: Rivermate ensures compliance with Romanian labor laws regarding working hours, overtime, leave entitlements (such as annual leave, sick leave, and maternity/paternity leave), and workplace safety regulations. They monitor changes in labor laws and adjust policies and practices accordingly.
-
Employee Relations: Rivermate assists in managing employee relations and resolving disputes in accordance with Romanian labor laws. They provide guidance on disciplinary actions, grievances, and terminations to ensure fair treatment and legal compliance.
-
Data Protection: Rivermate ensures compliance with data protection regulations, including the General Data Protection Regulation (GDPR), which applies in Romania. They implement robust data security measures to protect employee information and ensure privacy.
-
Regulatory Updates: Rivermate continuously monitors changes in Romanian employment laws and regulations. They proactively update their practices and inform clients of any changes that may impact their operations, ensuring ongoing compliance.
-
Training and Development: Rivermate provides training and development programs to ensure that both their staff and the employees they manage are aware of their rights and responsibilities under Romanian law. This includes training on workplace safety, anti-discrimination laws, and other relevant topics.
By leveraging their local expertise and comprehensive HR services, Rivermate ensures that companies can operate in Romania with full compliance, reducing the risk of legal issues and allowing businesses to focus on their core activities.
What legal responsibilities does a company have when using an Employer of Record service like Rivermate in Romania?
When a company uses an Employer of Record (EOR) service like Rivermate in Romania, the EOR assumes many of the legal responsibilities associated with employment. However, the company still retains certain obligations and should be aware of the following legal responsibilities and benefits:
-
Compliance with Romanian Labor Laws: The EOR ensures that all employment practices comply with Romanian labor laws, including contracts, working hours, minimum wage, and termination procedures. This helps the company avoid legal pitfalls and penalties associated with non-compliance.
-
Payroll and Taxation: The EOR handles payroll processing, ensuring that employees are paid accurately and on time. They also manage the calculation and withholding of income taxes, social security contributions, and other mandatory deductions, ensuring compliance with Romanian tax regulations.
-
Employment Contracts: The EOR prepares and manages employment contracts in accordance with Romanian law. This includes ensuring that contracts are in the local language and contain all necessary legal provisions, such as job descriptions, salary, benefits, and termination clauses.
-
Employee Benefits: The EOR administers employee benefits, including health insurance, pension contributions, and other statutory benefits required under Romanian law. This ensures that employees receive all legally mandated benefits and that the company remains compliant with local regulations.
-
Work Permits and Visas: For foreign employees, the EOR assists with obtaining necessary work permits and visas, ensuring compliance with Romanian immigration laws. This is particularly beneficial for companies looking to hire international talent without navigating complex immigration processes.
-
Labor Disputes and Termination: The EOR handles labor disputes and termination processes in accordance with Romanian law. This includes managing disciplinary actions, redundancies, and ensuring that any terminations are conducted legally and ethically, thereby reducing the risk of legal disputes.
-
Health and Safety Compliance: The EOR ensures that workplace health and safety standards are met, in line with Romanian regulations. This includes conducting risk assessments, providing necessary training, and implementing safety protocols to protect employees.
-
Data Protection: The EOR ensures compliance with data protection laws, including the General Data Protection Regulation (GDPR), which applies in Romania. This involves safeguarding employee data and ensuring that all personal information is handled in accordance with legal requirements.
-
Local Expertise: The EOR provides local expertise and knowledge, helping the company navigate the complexities of Romanian employment law and cultural nuances. This can be particularly valuable for companies new to the Romanian market.
-
Cost and Time Efficiency: By outsourcing HR and employment responsibilities to an EOR, the company can focus on its core business activities, saving time and resources that would otherwise be spent on managing HR functions and ensuring legal compliance.
In summary, while the EOR takes on many of the day-to-day legal responsibilities associated with employment in Romania, the company must still ensure that it selects a reputable EOR provider and maintains oversight of the employment relationship to ensure compliance and alignment with its business objectives.
Do employees receive all their rights and benefits when employed through an Employer of Record in Romania?
Yes, employees in Romania receive all their rights and benefits when employed through an Employer of Record (EOR) like Rivermate. An EOR ensures compliance with local labor laws and regulations, which is crucial in a country like Romania where employment laws can be complex and stringent. Here are some key aspects:
-
Employment Contracts: The EOR provides legally compliant employment contracts that adhere to Romanian labor laws. These contracts cover essential terms such as job description, salary, working hours, and termination conditions.
-
Wages and Salaries: Employees receive their wages and salaries in accordance with Romanian law, including adherence to minimum wage requirements. The EOR ensures timely and accurate payroll processing, including the calculation of taxes and social security contributions.
-
Social Security and Taxes: The EOR handles all statutory contributions, including social security, health insurance, and unemployment insurance. This ensures that employees are covered under Romania's social security system and that all tax obligations are met.
-
Paid Leave: Employees are entitled to paid leave, including annual leave, sick leave, and maternity/paternity leave, as stipulated by Romanian labor laws. The EOR ensures that these entitlements are correctly calculated and granted.
-
Working Hours and Overtime: The EOR ensures compliance with regulations regarding working hours, rest periods, and overtime pay. Romanian law typically mandates a standard workweek of 40 hours, with specific provisions for overtime compensation.
-
Health and Safety: The EOR is responsible for ensuring that the workplace meets Romanian health and safety standards. This includes providing necessary training and ensuring a safe working environment.
-
Termination and Severance: The EOR manages the termination process in compliance with Romanian labor laws, which include specific procedures and notice periods. Employees are entitled to severance pay if applicable, and the EOR ensures these payments are made correctly.
-
Employee Rights and Protections: Employees have the right to join trade unions and engage in collective bargaining. The EOR respects these rights and ensures that employees are not discriminated against or unfairly treated.
By using an EOR like Rivermate, companies can ensure that their employees in Romania receive all the rights and benefits they are entitled to under local law. This not only helps in maintaining employee satisfaction and retention but also mitigates the risk of legal issues arising from non-compliance with Romanian employment regulations.