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.