EMPLOYMENT RELATED INFORMATION
Creating new jobs involves a number of responsibilities for any investor:
Concluding individual labor contract
The obligation of signing a written employment contract
Work can be performed only under an individual labor contract. Employment contract shall be concluded in written form before the employee starts work, a copy of the contract is communicated to the employee.
The liability of signing a written employment contract is incumbent both on employer and employee. For lack of work contract the fine for employers varies depending on the number of people without work contracts, so it is at least 10.000 and maximum 20.000 lei for each person who works without a labor contract. When the number of employees without work contracts is greater than 5, the employer is criminally liable before the law. An employee who works without a labor contract can receive a fine between 500 and 1000 lei.
The employment medical tests
The employment is possible only if the candidate meets the medical terms for performing that work. The medical verification is performed by the occupational physician. The employment medical tests cost is borne by the employer. Labour contracts in the absence of medical certificate are invalid.
The employers who sign labor contracts without asking the employee for medical certificate risk a fine between 1500 and 2000 lei.
The probationary period for the employees
The employment can be done on executive or leading positions. For employing, the employee may be subject to a trial period in order to verify his professional skills. The probation is part of the employment contract.
The forms of the employment contract
At the signing of a labor contract, the parties may choose one of the forms prescribed by law and which suits their interests best:
- Permanent contract;
- Employment contract for a definite period of maximum 36 months;
- Part-time employment contract (number of working hours is lower than in full, less than 8 hours per day);
- Temporary contract;
- Apprenticeship contract;
- Work contract at home.
The content of the individual employment contract
An employment contract may contain clauses contrary to law. The negotiation of the clauses starts from the minimum rights stipulated in the Labour Code. The employer must pay at least minimum wage established by Government decision.
The normal duration of the working time is 8 hours per day, 40 per week in full-time employment contracts. Overtime may be made not more than 8 a week.
Working week consists of 5 days, followed by 2 consecutive days of rest. The rest is usually given on Saturday and Sunday. As an exception, employees can work even on Saturday or Sunday, in which case they will receive 2 consecutive days off next week and an increase in salary.
No work on legal holidays.
The employees are entitled to annual leave of 20 working days.
Special rules relating to certain categories of employees:
- A person can be hired at the age of 16.With parental consent, the minor can work at 15. Between 15 -18 years minor employee receives special treatment in relation to the employer.
- Can not perform overtime work, night work or work in tough conditions.
- Can work 6 hours per day.
The pregnant female employees
- May not be required to work at night;
- Can not be dismissed during pregnancy;
- May not be required to perform work in tough conditions.
Health and safety at work
There are particular rules regarding health and safety at work
The employer shall provide training to workers in terms of health and safety at work in all phases (employment, at workplace, regularly and whenever necessary).
Admission to work without a proper training for the workers in health and safety at work is fined between 4.000-8000 lei.
If an event occurred at work, the employer must notify the appropriate authorities, and therefore the territorial labor inspectorate.
The employer can be fined between 3500-7000 lei, in case he does not announce the event to the territorial labor inspectorate.
So, in order not to happened unpleasant events at the work place, the employer has to comply with the law and to assure security measures required by law. That is why it is very important to exist and to be applied ‘the prevention and protection plan’ in each company.
How much does the employer/employee pay?
In summary, the contributions payable by the employer are as follows:
• Pension contribution for:
a. Normal working conditions - 20.8%;
b. Particular working conditions - 25.8%;
c. Special working conditions - 30.8%;
• Contribution depending on the risk, between 0.15 and 0.85%,
• Health insurance contribution – 5.2%,
• Contribution for sick leaves and sick compensations - 0.85%,
• Contribution due to the unemployment insurance fund - 0.5%,
• Contribution due to the guarantee fund for salary payment – 0.25%.
These rates apply starting with the salaries for January 2012, having as statutory deadline for declaring February 27, 2012.
For employees, contribution rates are as follows:
• Individual social security contributions – 10.5%, regardless of work conditions;
• Individual health insurance contribution – 5.5%;
• Individual contribution due to the unemployment insurance fund - 0.5%.
The list of regulatory acts
Main legal framework
- Romanian Labour Code – Law No. 53/2003 republished in 2011
- The National Collective Agreement.
Law no.108/1999 regarding the establishment and organization of Labour Inspection
Law no.53/2003 on the Labour Code
Law no.319/2006 on health and safety at work
Law no.62/2011 on social dialogue
Law no. 344 / 2006 regarding the posting of employees in the transnational provision of services
Law no. 156/2000 on the protection of Romanian citizens working abroad
Law no. 279/2005 on the apprenticeship at the workplace
Law no. 67/2006 on the protection of the employees’ rights in case of transfers of undertakings, of units or parts thereof
Government Emergency Ordinance no.56/2007 on the employment and deployment of foreigners in Romania
Government Decision no.104/2006 on the regulation of specific procedure concerning the posting of workers in the transnational provision of services in Romania.
Job fairs organized for employers, such as:
• The first job fair at the employer's request involving people from all over the country- 21 July 2006, job fair for the project Autostrada Transilvania'':
event involving 3,500 people from all over the country;
• The largest job fair for a foreign investment in Romania, June 29 2007, job fair Nokia, event attended by 8,500 people;
• The first job fairs organized for large retailers- Carrefour, Auchan;
• The first event, Open day for graduates 'organized by Cluj County Agency for Employment for the company EMERSON;
• First Olimpic Autum Jobs: September 24, 2008 for employment of graduates, event involving over 2,500 graduates from the educational institutions in Cluj-Napoca.
• Labor mediation: labor mediation services are linking employers with people looking for a job in order to establish working relationships and service. County agencies for employment must identify vacancies and participation in mandatory mediation services for unemployed receiving unemployment compensation. Mediation services consist in providing information on vacancies and conditions of their employment, publishing, displaying and organizing job fairs, electronic mediation, putting in correspondence requests and job offers through Internet and pre-selection of candidates, according to the requirements of the job offered;
• Business Consulting;
• Creating the "CALLCEMM-CALL CENTER ELECTRONIC LABOR MEDIATION" Cluj County Agency for Employment ensures fast and efficient communication with the unemployed and employers, the unemployed are sent directly to employers in order to sustain the interview (firstname.lastname@example.org);
• “Electronic Clerk” - computer applications that enable economic agents to submit job offers to the Cluj County Agency for Employment; also allow employers to make intervention on the job offers from their headquarters, without being compelled to go in person to the Agency offices (www.eangajat.ajofmcj.ro
• statistical data (people are registered in the Cluj County Agency for Employment data base): http://www.ajofmcj.ro