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Romania Employment Contract 2026: Complete Guide for Employers & Employees
TL;DR
Romanian employment contracts must be written, registered in ReGES (electronic employment registry), and include mandatory clauses per the Labor Code (Legea nr. 53/2003). The 2026 minimum gross wage is ~€810/month. Probation periods are 30-90 days depending on position. Standard working time is 40 hours/week. Termination requires specific grounds and procedures, with extensive employee protections.
Legal Framework
Romanian employment law is governed by:
- Legea nr. 53/2003 — Labor Code (Codul Muncii), as amended
- HG 905/2017 — on the general register of employees (now ReGES since 01.01.2026 per HG 295/2025)
- Legea nr. 367/2022 — Social Dialogue Law
- EU Directives — transposed into Romanian law (working time, equal treatment, posted workers)
Types of Employment Contracts
1. Individual Employment Contract (CIM — Contract Individual de Muncă)
The standard employment relationship in Romania.
| Feature | Details |
|---|---|
| Form | Written, in Romanian |
| Duration | Indefinite (default) or fixed-term |
| Registration | Mandatory in ReGES before work begins |
| Copies | One for employer, one for employee |
2. Fixed-Term Contract
| Feature | Details |
|---|---|
| Maximum duration | 36 months |
| Maximum renewals | 3 successive contracts |
| Grounds required | Temporary replacement, seasonal work, project-based, temporary activity increase |
| Conversion | Automatically becomes indefinite after 36 months or 3rd renewal |
3. Part-Time Contract
| Feature | Details |
|---|---|
| Hours | Less than 40 hours/week |
| Minimum | No statutory minimum hours |
| Pro-rata | Salary and benefits proportional to hours |
| Overtime | Prohibited (cannot exceed agreed part-time hours) |
4. Home-Working Contract (Telemuncă)
Regulated by Legea nr. 81/2018:
| Feature | Details |
|---|---|
| Work location | Employee's home or chosen location |
| Employer obligations | Provide equipment, cover expenses, ensure H&S |
| Work schedule | Can be flexible, but max 40h/week |
| Monitoring | Limited — must respect privacy |
| Right to disconnect | Recognized under Romanian law |
5. Temporary Agency Work
Through authorized temporary employment agencies (agenți de muncă temporară):
- Triangular relationship: agency – employee – user company
- Maximum 24 months per assignment
- Equal treatment with comparable permanent employees
Mandatory Contract Clauses
Romanian law requires every employment contract to contain:
| Clause | Content |
|---|---|
| Parties | Full identification of employer and employee |
| Position | Job title and COR code (Romanian occupation classification) |
| Job description | Main duties and responsibilities |
| Workplace | Address or indication of multiple/mobile workplaces |
| Working time | Hours/week, schedule, shift patterns |
| Salary | Gross base salary in RON, payment frequency (monthly) |
| Benefits | Meal vouchers, bonuses, car, phone, etc. |
| Annual leave | Minimum 20 working days |
| Notice period | Minimum 20 working days |
| Probation period | Duration (if applicable) |
| Start date | When work begins |
| Duration | Indefinite or fixed-term (with end date) |
| CLA reference | Applicable collective labor agreement (if any) |
| Non-compete | If applicable (separate clause requirements) |
| Confidentiality | If applicable |
| Training | Cost recovery provisions (if applicable) |
Salary and Compensation
Minimum Wage 2026
| Category | Gross Monthly (RON) | Gross Monthly (EUR approx.) |
|---|---|---|
| Standard minimum wage | 4,325 RON from 1 July 2026 (HG 146/2026); 4,050 RON January–June | — |
| Higher education employees | Higher scales apply | Varies |
Tax and Social Contributions on Salary
| Contribution | Rate | Paid By |
|---|---|---|
| Income tax | 10% | Employee (withheld) |
| CAS (pension) | 25% | Employee (withheld) |
| CASS (health) | 10% | Employee (withheld) |
| Work insurance | 2.25% | Employer |
| Total employee cost | ~45% of gross | Employee burden |
| Total employer cost | Gross + 2.25% | Employer burden |
Example: For a gross salary of €1,000:
- Employee receives (net): ~€575
- Employer total cost: ~€1,023
Common Benefits
| Benefit | Tax Treatment |
|---|---|
| Meal vouchers (tichete de masă) | Exempt up to RON 40/working day |
| Holiday vouchers | Exempt up to 6x minimum daily wage/year |
| Private health insurance | Deductible up to €400/year |
| 13th salary/bonus | Fully taxable |
| Company car | Taxable benefit (based on usage) |
| Mobile phone | Non-taxable if business use |
| Remote work allowance | Non-taxable up to RON 600/month |
Working Time Regulations
Standard Working Time
| Parameter | Limit |
|---|---|
| Normal working hours | 8 hours/day, 40 hours/week |
| Maximum (including overtime) | 48 hours/week (averaged over 4 months) |
| Night work (22:00-06:00) | Reduced to 8 hours/night, compensated +25% |
| Rest between shifts | Minimum 12 hours |
| Weekly rest | Minimum 48 consecutive hours (Saturday-Sunday default) |
Overtime
| Aspect | Rules |
|---|---|
| Authorization | Employer request + employee consent (except emergencies) |
| Maximum | 8 hours/week (averaged over 4 months) |
| Compensation | Paid time off within 60 days (preferred) or +75% salary |
| Prohibition | Cannot be imposed on pregnant workers, minors |
Annual Leave
| Category | Minimum Days |
|---|---|
| Standard employees | 20 working days |
| Employees with disabilities | 23 working days |
| Minors (under 18) | 24 working days |
| Additional (CLA/contract) | Commonly 21-25 days total |
Leave must be taken within the calendar year or by June 30 of the following year. Untaken leave cannot be compensated financially except at contract termination.
Probation Period
| Position Type | Maximum Probation |
|---|---|
| Standard positions | 90 calendar days |
| Management/executive | 120 calendar days |
| Persons with disabilities | 30 calendar days |
| Unskilled workers | 5 working days |
| Fixed-term contracts | Proportional to contract duration |
During probation:
- Either party can terminate without notice and without cause
- Employee receives full salary and benefits
- Probation is included in the employment period for seniority
Termination of Employment
By Employer (Concediere)
Romanian law provides strong employee protections. The employer can terminate only for:
a) Employee-Related Grounds
| Ground | Procedure |
|---|---|
| Disciplinary dismissal | Investigation + hearing + written decision |
| Professional incompetence | Performance evaluation + improvement plan |
| Arrest for 30+ days | Automatic if criminal conviction affects job |
| Physical/mental unfitness | Medical certificate from occupational physician |
b) Non-Employee-Related Grounds (Redundancy)
| Type | Requirements |
|---|---|
| Individual redundancy | Position must be genuinely abolished; selection criteria if multiple similar positions |
| Collective redundancy | 30+ employees or 10% of workforce within 30 days; consultation with unions/employee reps; notification to ITM |
Mandatory notice period: Minimum 20 working days (can be longer per contract/CLA).
Severance pay: Not mandatory by law but often included in CLAs or individual contracts. Common: 1-6 months' salary.
By Employee (Demisie)
| Aspect | Rules |
|---|---|
| Notice period | Minimum 20 working days (45 for management) |
| Reason required | No — employee can resign freely |
| Form | Written resignation letter |
| During probation | No notice required |
| Effective date | After notice period expires (or waived by employer) |
Protected Categories (Cannot Be Dismissed)
- Pregnant employees
- Employees on maternity/paternity leave
- Employees on childcare leave (up to 2 years)
- Employees on medical leave (temporary work incapacity)
- Elected employee representatives
Employee Rights Under Romanian Law
Fundamental Rights
- Equal treatment and non-discrimination
- Health and safety at work
- Protection of personal data
- Right to join/form trade unions
- Right to strike
- Right to dignity at work (anti-harassment)
- Right to disconnect (remote workers)
Parental Rights
| Right | Duration/Details |
|---|---|
| Maternity leave | 126 calendar days (63 before + 63 after birth) |
| Paternity leave | 10 working days (15 if childcare course completed) |
| Childcare leave | Up to child's 2nd birthday (3rd for disabled child) |
| Childcare allowance | 85% of average net salary (capped) |
| Reduced working time | 2 hours/day for breastfeeding (until child is 1) |
Registration and Compliance
ReGES (Electronic Employment Registry)
Since 01.01.2026 (per HG 295/2025), all employers must use ReGES-Online (replacing the former REVISAL system):
| Action | Deadline |
|---|---|
| New contract registration | Before the employee's first working day |
| Contract modification | Within 5 working days of change |
| Contract termination | On the date of termination |
| Salary changes | Before the change takes effect |
⚠️ Failure to register: Fines of RON 10,000-20,000 per unregistered employee.
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Frequently Asked Questions (FAQ)
Is a written employment contract mandatory in Romania?
Yes. Romanian law requires all employment contracts to be in writing, in Romanian language, and registered in ReGES before the employee starts working.
What is the minimum notice period for termination?
The legal minimum is 20 working days for both employer-initiated termination and employee resignation. Management positions may have 45 working days. Contracts/CLAs can stipulate longer periods.
Can an employer fire an employee without cause?
No (except during probation). Romanian labor law requires specific legal grounds for dismissal. The employer must follow strict procedural requirements including investigation, hearing, and written decision with stated reasons.
Are non-compete clauses enforceable in Romania?
Yes, if they meet legal requirements: maximum 2 years duration, defined territory and activities, and monthly compensation of at least 50% of the average gross salary earned in the last 6 months. Without compensation, the clause is void.
What happens if the employer doesn't register the contract in ReGES?
Fines of RON 10,000-20,000 per unregistered employee. The employee can also claim the employment relationship exists based on actual work performed (de facto employment).
Can employment contracts be in English?
The official employment contract must be in Romanian. An English translation can be provided alongside the Romanian original, but the Romanian version prevails in case of conflict.
How much annual leave are employees entitled to?
Minimum 20 working days per year. Many collective agreements and individual contracts provide 21-25 days. Leave must be taken within the year or by June 30 of the following year.
Can an employee work overtime without extra pay?
No. Overtime must be compensated either with paid time off within 60 days or with a 75% salary supplement. The employee must generally consent to overtime (except in emergencies).
What protections exist for remote workers?
Legea nr. 81/2018 guarantees: right to disconnect, employer-provided equipment, reimbursement of work-from-home expenses (up to RON 600/month non-taxable), and equal treatment with office-based employees.
Can a fixed-term contract be extended indefinitely?
No. Fixed-term contracts are limited to 36 months total duration and a maximum of 3 successive contracts. After these limits, the relationship automatically becomes indefinite.
Why Choose Pantilimon Avocat Firm?
Our employment law practice provides:
- Contract drafting and review — compliant employment agreements
- HR compliance audits — ReGES, working time, health & safety
- Termination management — proper procedures to avoid disputes
- Collective bargaining — negotiation and CLA drafting
- Employment disputes — representation before labor courts
- Expatriate employment — work permits and cross-border arrangements
📞 Contact us: Schedule a consultation for employment law advice.
This article is for informational purposes only. Employment law is subject to frequent amendments. Consult a qualified attorney for your specific situation.
Last updated: March 2026