According to the law, based on the work authorization you can be employed with an individual employment contract or you can be posted in Romania.
The Labor Code of Romania regulates all the labor relations, the control of the application of the regulations in the field of labor relations, as well as the labor jurisdiction. The provisions contained in the Labor Code also apply to foreign nationals or stateless persons employed by an individual employment contract, who perform work for a Romanian employer on the territory of Romania.
The rights and obligations regarding the labor relations between the employer and the employee are established according to the law, by negotiation, within the collective labor contracts and the individual employment contracts.
The individual employment contract is concluded based on the consent of the parties (the employer and the employee), in written form, in Romanian. The obligation to conclude the individual employment contract in written form rests with the employer, prior to the commencement of employment relationships. In case the individual employment contract was not concluded in written form (as can be the case if your employer is not a company but a natural person who does not sign a contract with you), it is assumed that a contract has been concluded on an indefinite duration, and the parties can prove the contractual provisions and the benefits performed by any other means of proof. In this case, however, it will be more difficult to defend your rights if you do not have any witnesses or other document attesting to the employer's promises, as well as the type and volume of work performed by you.
It is very important to have an individual employment contract signed in writing with the employer and registered with the Territorial Labor Inspectorate (ITM). The individual employment contract allows you access to social protection measures and protects you from any abuse by the employer.
Prior to signing the contract, you must carefully read the clauses included in it. The individual employment contract is concluded in three copies, one for you, one for the employer and one for the ITM. Please note that only the written employment contract can be registered with the competent territorial authorities.
The employer has the obligation to register the individual employment contract concluded on the basis of the work authorization at the ITM, within the term stipulated by the law.
According to the framework model of the individual employment contract, it must necessarily include the following elements: the parts of the contract (the employer and the employee), the object of the contract, the duration of the contract, the place of work, the type of work, the attributions of the job, the duration of the work, leave, pay. , specific rights related to occupational health and safety, other clauses (probation period, notice period, etc.), general rights and obligations of the parties. A model of this contract can be found in the annexes to this Guide.
The clauses of the individual employment contract cannot contain provisions contrary to the law or rights below the minimum level established by normative acts or by collective labor contracts. Employees cannot give up the rights that are recognized by law. There will be null any clause by which the renunciation of the rights recognized by the law to the employees or the limitation of these rights is sought.
If you are employed in Romania, you have mainly the right to: pay for work submitted; daily and weekly rest, annual rest leave, equal opportunities and treatment, dignity at work, safety and health at work, access to vocational training, information and consultation, to take part in determining and improving working conditions and the environment labor, protection in case of dismissal, collective and individual negotiation, participation in collective actions, to form or join a union.
Foreign nationals who remain in the country as lawfully hired employees for at least eight years can also take into account the option to apply for citizenship in Romania by naturalization (or the application option, as it is referred to). In some cases, the minimum lawful stay can be shorter, for example only five years if the applicant is married to a Romanian citizen.