Această procedură descrie pașii necesari pentru angajarea unui nou salariat în cadrul instituției, conform legislației muncii și politicilor interne. Este destinată departamentului de Resurse Umane și managerilor de departamente care inițiază procese de recrutare și angajare.

Law No 53 of 2003 (**republished**) – the Labour Code, as subsequently amended and supplemented, regulates employment relationships, the way in which enforcement of the rules employment relationships is carried out and labour jurisdiction. It also applies to employment relationships regulated by special laws only insofar as they do not include specific derogating provisions.

An individual employment contract (IEC) is a contract under which a natural person, referred to as an employee, undertakes to perform work for and under the authority of an employer, who is a natural or legal person, in return for payment, referred to as a salary. It is concluded on an open-ended basis and, by way of exception, can also be concluded for a fixed period under the requirements expressly provided for by law.

For the purposes of the Labour Code, ‘employer’ means a natural or legal person who can, in accordance with the law, employ staff under an individual employment contract.

• Legal persons may conclude individual employment contracts as an employer when they have acquired a legal personality.
• Natural persons acquire the capacity to conclude individual employment contracts as an employer when they have acquired full capacity to act.

Individual employment contracts are concluded in writing with the parties’ consent, in Romanian, no later than the day before the employee starts work. The obligation to conclude the individual employment contract in writing lies with the employer. Information on the elements in the contract is set out in the Labour Code – Title II Individual employment contract.

An individual employment contract may end in the following circumstances:

• by the operation of law;
• by agreement between the parties, on the date agreed by the parties;
• following either party’s unilateral voluntary act, in the cases and under the conditions restrictively provided for by law.

Detailed information on each situation is set out in the Labour Code – Title II, Chapter V – Termination of the individual employment contract.

Information on employers, their employees and individual employment contracts is managed in the Revisal application made available to employees, free of charge, by the Labour Inspectorate.

The details in the electronic register of employees (REGES) are filled in and uploaded online to the Labour Inspectorate portal.

Regional labour inspectorates issue a user name and password to employers so that they can access the Revisal application.

In the framework of the individual employment contract, working time means any period in which the employee performs work, is at the disposal of the employer and performs job-related tasks and duties, in accordance with the individual employment contract, the applicable collective agreement and/or the legislation in force.

Detailed information on working time and rest time is set out in the Labour Code – Title III.

As regards health and safety at work, the employer has the obligation to ensure compliance with all rules in force, for all employees, in all work-related aspects.

If an employer relies on outside persons or services, this does not exempt it from accountability in this area.

Employees’ obligations relating to health and safety at work are without prejudice to the employer’s responsibility. Moreover, occupational safety and health measures must in any event not give rise to financial obligations for employees.
Further details can be found in the Labour Code – Title V Health and safety at work.

Natural persons who are Romanians or foreign citizens, are fit to work and perform unskilled work on an occasional basis, for a beneficiary and for remuneration, have the status of casual employee.

The electronic register of casual employees manages information on beneficiaries and casual employees.

In order to access the application, beneficiaries obtain the user name and password from the regional labour inspectorate in the area where they have their registered office.

The electronic register of casual employees can be filled in and sent directly on site by the beneficiary/agent or the persons appointed thereby – users, in the Inspectia Muncii application for mobile devices. The ‘Inspectia Muncii’ application can be downloaded for free from Google Play or App Store. The electronic register of casual employees can also be filled in and sent by users through the web application in the Labour Inspectorate portal.

In accordance with Order No 137 of 31 August 2000 (**republished**) on the prevention and sanctioning of all forms of discrimination, as subsequently amended and supplemented, the principle of equality between citizens and of exclusion of privileges and discrimination is also guaranteed by the exercise of the following rights:

• the right to work, free choice of occupation, fair and satisfactory terms of employment, protection against unemployment, equal pay for equal work, fair and satisfactory remuneration;
• the right to form and join trade unions;
• the right to health, medical treatment, social security and social services;
• the right to education and training.

All natural or legal persons are bound to observe the principle of equality between citizens and the rights underlying this principle.

In accordance with Order No 137 of 31 August 2000 (**republished**), discrimination means any differentiation, exclusion, restriction or preference based on race, nationality, ethnic origin, language, religion, social class, belief, gender, sexual orientation, age, disability, non-contagious chronic disease, HIV infection, membership of a disadvantaged group, and any other criterion of which the purpose or effect is to restrain and to remove recognition, enjoyment or exercise, on equal terms, of human rights and fundamental freedoms or of the rights recognised by law in the political, economic, social and cultural arena or in any other aspects of public life.

Harassment means any conduct, on grounds of race, nationality, ethnic origin, language, religion, social class, belief, gender, sexual orientation, membership of a disadvantaged group, age, disability, refugee or asylum-seeker status, or any other criterion, leading to the creation of an intimidating, hostile, degrading or offensive environment, and is subject to an administrative sanction.

With regard to employment relationships, Law No 53 of 2003 as subsequently amended and supplemented (Labour Code of 24 January 2003, republished), provides for the principle of equal treatment for all employees and prohibits direct or indirect discrimination against employees. In accordance with the Labour Code, discrimination against an employee is deemed to be any act and action of exclusion, restriction, preference or differentiation based on gender, age, membership, race, colour, political option, social origin or disability that takes place with the purpose or effect of not granting, of restricting or of removing recognition of the rights provided for under employment law. Moreover, indirect discrimination consists of any acts and actions based on criteria of differentiation between employees other than their professional skills.

Discrimination at work may occur in various forms, starting from the job interview up until the dismissal decision. In relations between employees, between employees and their superiors and between employees and employers, discrimination may occur on grounds of race, nationality, ethnic origin, language, religion, gender, political membership, wealth or social origin, or on any other grounds, as follows:

• when establishing and changing working conditions;
• when determining the salary;
• when defining job duties and responsibilities;
• when selecting staff for training and professional development opportunities;
• in relation to promotion.

Discrimination means any conduct consisting of asking or instructing someone to practise discrimination against one or several persons on any of the criteria laid down by law.

For the purposes of Order No 137 of 31 August 2000 (**republished**), the elimination of all forms of discrimination entails:

• preventing any discrimination by establishing special measures, including affirmative action, to protect disadvantaged persons who do not enjoy equal opportunities;
• mediation through the amicable settlement of disputes arising as a consequence of acts of discrimination;
• sanctioning discriminatory conduct.

Discriminatory conduct may give rise to civil, administrative or criminal liability, in accordance with the law.

Pursuant to Article 6 of Order No 137 of 31 August 2000 (**republished**), making a person’s participation in an economic activity or the free choice or pursuit of a profession conditional on that person’s race, nationality, ethnic origin, religion, social class and belief, gender and sexual orientation, age or membership of a disadvantaged group is deemed to be an administrative offence.

Pursuant to Article 7 of Order No 137 of 31 August 2000 (**republished**), discrimination against any person on grounds of race, nationality, ethnic origin, religion, social class or disadvantaged group, belief or age, gender or sexual orientation, in employment and social protection relationships, except for the cases provided for by law, constitutes an administrative offence when occurring in the following areas:

• conclusion, suspension, modification or termination of the employment relationship;
• determination and modification of job duties, workplace or salary;
• the granting of social benefits other than salary;
• training, upskilling, reskilling and professional advancement;
• the application of disciplinary measures;
• the right to join a trade union and access to the facilities granted by it;
• any other working conditions, in accordance with the legislation in force.

Pursuant to Article 9 of Order No 137 of 31 August 2000 (**republished**), discrimination against employees by employers in relation to social benefits being granted on grounds of the employees’ race, nationality, ethnic origin, religion, social class or disadvantaged group, or of his or her age, gender, sexual orientation or belief held, constitutes an administrative offence.

Employees who consider that they have been discriminated against at work may refer the matter to the National Council for Combating Discrimination (CNCD) within one year from the date when the act was committed or from the date when they could have become aware of such act.

The National Council for Combating Discrimination is the self-governing state authority in the area of discrimination. It has a legal personality and acts under parliamentary authority, safeguarding the observance and application of the principle of non-discrimination in accordance with the national legislation in force and with the international documents to which Romania is a party.

The CNCD settles referred matters by decision of the Board, as referred to in Article 23(1) of Order No 137 of 31 August 2000 (**republished**).

In applications sent to CNCD, persons who considers themselves to be discriminated against have the right to request that the consequences of the discriminatory acts be removed and that the situation prior to discrimination be restored.

With regard to employment relationships, the Labour Inspectorate, an institution under the Ministry of Labour and Social Protection, plays an essential role in implementing and ensuring compliance with the law on labour relations, including in terms of prevention and elimination of discrimination.

Moreover, persons who consider themselves to be discriminated against may bring a claim before the courts for compensation and restoration of the situation prior to the discrimination or a declaration of invalidity of the situation created by the discrimination, in accordance with ordinary law. Claims are exempt from the legal stamp duty and are not contingent on referring the matter to the National Council for Combating Discrimination.

The time limit for filing the claim is 3 years running from the date the act was committed or from the date when the interested person could have become aware of the commission of the act.