In Romania, termination of employment must adhere to specific legal reasons. These include reasons related to the employee such as disciplinary dismissal, professional inadequacy, and medical incapacity. Reasons not related to the employee can also lead to termination, such as job restructuring or economic, technological, or organizational changes affecting the company's activity and rendering the employee's position redundant.

Notice Requirements

The standard minimum notice period is 20 working days. This applies to cases of dismissal based on employee performance or medical incapacity, and in instances of individual/collective redundancies. Exceptions include dismissals during a probationary period and immediate termination without notice for severe disciplinary violations or when an employee is placed under arrest for more than 30 days.

Severance Pay

Under specific circumstances, Romanian employees are entitled to severance pay upon termination. Eligibility and amounts are determined by the reason for dismissal, length of service, and collective bargaining agreements (CBAs). Severance pay typically applies in cases of restructuring or redundancy, but might not apply in instances of disciplinary termination. Longer periods of employment usually lead to a higher amount of severance pay. Individual companies or sectors may offer more generous severance packages than the legal minimums outlined in the Romanian Labor Code.

Important Considerations

Employers are often obligated to consult with employees and/or employee representatives before initiating dismissals, especially in cases of collective redundancies. Employees have legal recourse to challenge dismissals that they believe are unjustified. The Romanian Labor Code (Law no. 53/2003) provides the essential framework for notice periods and provisions for severance pay.

Romania has a comprehensive legal framework to combat discrimination and promote equality. The primary law in this field is Government Ordinance (GO) no. 137/2000 on preventing and sanctioning all forms of discrimination.

Protected Characteristics

Romanian anti-discrimination law provides extensive protection against discrimination based on the following characteristics:

• Race
• Nationality
• Ethnicity
• Language
• Religion
• Social Category
• Beliefs
• Sex
• Sexual Orientation
• Age
• Disability
• Non-contagious Chronic Disease
• HIV Infection
• Membership of a Disadvantaged Category
• Any other similar criteria

Mechanism for Redress

Victims of discrimination in Romania have several avenues to seek redress:

• The National Council for Combating Discrimination (NCCD): The NCCD is an independent body responsible for investigating and adjudicating discrimination complaints. They have the power to order remedies such as cessation of the discriminatory act, restoration of the situation prior to the discrimination, compensation for damages, and fines for the perpetrator.
• Civil Courts: Victims can file civil lawsuits for damages and other remedies for acts of discrimination.
• Criminal Courts: In severe cases, discriminatory acts might amount to criminal offenses, leading to prosecution.

Employer Responsibilities

Employers in Romania bear significant legal responsibilities to prevent and address discrimination in the workplace. These include:

• Non-Discrimination Policy: Employers must develop and implement a clear policy that prohibits discrimination based on protected characteristics.
• Training: Employers are obligated to provide training to employees on anti-discrimination laws and workplace equality.
• Harassment Prevention: Employers must take proactive measures to prevent and address any form of harassment related to the protected characteristics.
• Complaint Mechanisms: Employers must establish internal mechanisms for employees to report discrimination or harassment without fear of retaliation.
• Reasonable Accommodations: Employers must provide reasonable accommodations for employees with disabilities to enable them to perform their jobs effectively.

In addition to GO 137/2000, other laws such as the Labour Code and Law no. 202/2002 on the equality of opportunity and treatment between women and men further reinforce anti-discrimination principles in the Romanian workplace.

Romania adheres to specific regulations regarding working conditions, ensuring employee well-being and productivity.

Work Hours

The Romanian Labour Code mandates a 40-hour workweek, typically spread across five working days with eight-hour shifts. This ensures employees have a predictable schedule and sufficient rest time. While some overtime is permitted, it's strictly regulated. The maximum allowed overtime is eight hours per week, keeping the total weekly work hours within 48 hours. This regulation helps prevent employee burnout and promotes a healthy work-life balance. Working hours are further adjusted for younger employees. Those under 18 are limited to a maximum of 30 hours per week, with no overtime allowed. This protects their development and ensures they have time for education and leisure.

Rest Periods

Romania mandates rest breaks for employees during the workday. The specifics are not explicitly stated in the Labour Code but are generally understood to be short breaks throughout the day to allow for refreshment and refocusing. More importantly, Romanian law guarantees a minimum of two consecutive days of rest per week, typically Saturdays and Sundays. This mandated rest period allows employees to fully recharge and return to work revitalized. All employees in Romania are legally entitled to a minimum of 20 paid workdays of annual leave. This allows for extended breaks for relaxation and rejuvenation.

Ergonomic Requirements

Romania enforces Law no. 319/2006 regarding occupational safety and health. This law outlines employer responsibilities to provide a safe and healthy work environment. While not explicitly mandated, ergonomic principles likely fall under the umbrella of this law. Employers are expected to take reasonable steps to minimize musculoskeletal disorders by providing proper equipment and workstations that promote good posture and work practices.

Romania prioritizes worker well-being through a comprehensive framework of health and safety regulations. This guide explores the key aspects of this framework, outlining employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

Law No. 319/2006 on Safety and Health at Work establishes the foundation for employer obligations in Romania. These obligations encompass a wide range of measures designed to ensure a safe and healthy work environment:

• Risk Assessment and Prevention: Employers must identify and assess workplace risks, implementing preventive measures to minimize the likelihood of accidents and occupational diseases.
• Provision of Safe Work Equipment and PPE: Employers are responsible for providing employees with safe work equipment and personal protective equipment (PPE) suited to the specific hazards encountered.
• Workplace Design and Maintenance: The design and maintenance of the workplace must prioritize safety, including proper ventilation, lighting, and ergonomics.
• Information and Training: Employers must provide employees with adequate information and training on health and safety procedures relevant to their roles.
• Health Surveillance: Depending on the specific risks involved, employers may be required to implement health surveillance programs for employees.
• Incident Reporting: Employers are obligated to report work-related accidents, dangerous occurrences, and suspected occupational diseases to the relevant authorities.

Employee Rights

The Law also guarantees several rights for employees in relation to workplace health and safety:

• Right to a Safe Work Environment: Employees have the fundamental right to work in a safe and healthy environment free from foreseeable risks.
• Right to Information and Training: Employees have the right to receive information and training on health and safety matters pertaining to their work.
• Right to Refuse Unsafe Work: Employees have the right to refuse work that they reasonably believe presents an imminent danger to their health and safety.
• Right to Participate in Health and Safety Measures: Employees, through designated representatives, have the right to participate in discussions and decision-making processes concerning health and safety at work.

Enforcement Agencies

The Ministry of Labour, Family and Social Protection holds overall responsibility for occupational safety and health in Romania. The Ministry enforces health and safety regulations through the Inspectorate of Labour, which conducts workplace inspections and issues sanctions for non-compliance.

In addition, the Ministry of Health plays a role in drafting national legislation on workplace health and occupational medicine.