Getting the Deal Through: Labour and Employment 2010

Romania is a civil law jurisdiction and the core employment regulation is the Labour Code. Besides the Labour Code, specific tailored legal enactments regulate other employment-related aspects, such as employment safety and health, insurance for work accidents and professional diseases, and employment conflicts and disputes. Collective bargaining agreements also provide binding rules and obligations to be complied with by the employers. Finally, considering Romania’s accession to the European Union, which took place on 1 January 2007, EU legislation and ECJ court decisions are also relevant.

The main responsible body for the application of the employment legislation is the Ministry of Labour, Family and Social Protection and its subordinated entities. Aside from the above, there are also other agencies responsible for the application of certain elements of employment law, such as the Romanian Immigration Office responsible for integration of foreign citizens in the labour sector.

Romanian law provides for certain incentives upon hiring in relation to certain categories of persons, such as disabled, unemployed or young persons. Furthermore, in respect of disabled persons, the law imposes on the employer an obligation to employ such persons making up at least 4 per cent of the total number of employees, if the employer has concluded individual employment agreements for more than 50 persons.

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