Employment Contracts in Romania: Mandatory Clauses and Employer Checklist
Employment contracts in Romania must be concluded in writing and in Romanian, signed using wet-ink or a legally valid electronic signature, contain the mandatory information required by the Labour Code and be recorded in REGES-ONLINE before the employee starts work. A compliant template is only the starting point: the contract must also match the actual role, schedule, workplace, pay structure and working arrangement.
In brief: The employer is responsible for the written contract, pre-contract information, medical fitness check, delivery of a signed copy and timely REGES-ONLINE registration. An indefinite full-time contract is the default. Fixed-term, part-time, mobile and telework arrangements require additional wording. Clauses on probation, confidentiality, mobility, training and non-compete protection must be drafted within statutory limits. Changes to core terms generally require an addendum before they take effect, while REGES reporting follows separate deadlines.
This guide is written for foreign companies, founders, HR teams and managers hiring personnel in Romania. It explains what the contract should contain, which clauses require special care and how contract execution connects with the employer’s registration and personnel-file obligations.
Must an employment contract be in writing in Romania?
Yes. Article 16 of the Romanian Labour Code requires the individual employment contract to be concluded in writing and in Romanian. Written form is mandatory under the Labour Code and must be completed before work begins. The employer bears responsibility for concluding the document.
The contract must be signed using wet ink or a legally valid electronic signature, provided to the employee and entered in REGES-ONLINE before work begins. Where electronic signing is used, the parties must use the same type of signature for the document. Registration alone does not replace the signed contract, and a signed contract does not excuse late registration. Foreign-language versions may be used for convenience, but the Romanian version should control or the documents should state clearly how inconsistencies are resolved.
Select a route to see the main drafting consequence.
This is the statutory default and usually the simplest route when the business need is ongoing and the normal schedule is eight hours per day and 40 hours per week.
| Contract type | When it may be used | Drafting control |
|---|---|---|
| Indefinite | Default route for an ongoing role. | State start date, role, workplace, schedule, salary and all Article 17 information. |
| Fixed-term | Only in cases permitted by the Labour Code. | State the legal basis and exact duration or objective end event. General maximum: 36 months. |
| Part-time | Where the agreed normal hours are below full time. | State hours, distribution, change conditions and the statutory overtime restriction. |
| Telework | Regular voluntary work outside employer premises using ICT. | Include the additional clauses required by Law no. 81/2018. |
| Mobile work | The duties are not performed at a stable workplace. | Define the mobility area and any cash or in-kind mobility benefit. |
What mandatory clauses must Romanian employment contracts contain?
The contract must cover the information required by Article 17 of the Labour Code and the applicable framework employment-contract model. The employer should not merely copy headings. Each field must describe the real employment arrangement.
Select a clause group to review the main control.
Use the correct legal employer, registered details and authorised signatory. A group brand or foreign parent is not a substitute for identifying the employing entity.
| Clause group | What should be stated | Frequent error |
|---|---|---|
| Parties and workplace | Identity, employer headquarters, workplace or absence of a fixed workplace. | Naming a business unit without identifying the legal employer. |
| Role and duties | COR occupation, job description, duties, professional-evaluation criteria and job-specific risks. | Using a generic job description unrelated to actual authority or tasks. |
| Duration and start | Start date; indefinite or fixed duration; fixed-term basis and end point where applicable. | Using a fixed term without a statutory case supporting it. |
| Working time | Hours per day/week, schedule distribution and conditions for changing the schedule. | Using an unequal schedule without expressly providing for it. |
| Pay | Gross base salary, allowances, bonuses, benefits and payment frequency. | Calling a recurring salary component discretionary while administering it as guaranteed. |
| Leave and notice | Annual leave, applicable notice conditions and duration, probation period. | Contractual notice exceeding the legal maximum for resignation. |
| Other information | Collective agreement, training rights, employer-provided benefits and applicable procedures. | Referring to policies that were not communicated or do not exist. |
What must be completed before the employee starts work?
The employer should treat hiring as a controlled sequence. Before the first working day, it must verify identity and work entitlement, obtain the medical fitness certificate, complete the required information process, sign the contract, provide the employee’s copy and transmit the required data to REGES-ONLINE.
Select each control to see why its order matters.
Verify the person’s identity, qualifications and any immigration or work-authorisation condition before promising a start date that cannot legally be met.
A non-EU national may require a work authorisation and immigration steps before employment can lawfully begin. The employment document should align with the approved position, salary and working conditions. See our guide to recruiting non-EU personnel in Romania.
How does REGES-ONLINE connect with the employment contract?
REGES-ONLINE is the statutory employee register governed by Government Decision no. 295/2025. From 2026, employers should use the online register for new hires and subsequent reportable events. The register reflects the legal documents; it does not create or amend the parties’ agreement by itself.
Select an event to review the general reporting rule.
The new employment contract and required employee data must be transmitted no later than the day before activity starts, including when that day is not a working day.
| Event | General reporting deadline | Internal control |
|---|---|---|
| New employment | No later than the day before activity starts. | Do not permit access to work until signature and transmission are confirmed. |
| Function, contract type, duration, workplace or working time | Generally no later than the day before the change takes effect. | Align the addendum date, effective date and register entry. |
| Salary, allowances, bonuses and other additions | Within 20 working days from the change under Article 5(4) of Government Decision no. 295/2025. | Reconcile contract/addendum, payroll and REGES; verify any special rule applying to the source of the change. |
| Termination | Generally no later than the termination date or the applicable date of knowledge. | Record the correct legal ground and retain the supporting document. |
The table states the main operational rules. For salary changes, Article 5(4) of Government Decision no. 295/2025 provides a 20-working-day deadline; a change resulting from a court judgment is subject to the specific 10-working-day rule calculated from the employer’s knowledge of the judgment. Particular suspensions, transfers and corrections also have specific rules. Employers should verify the current REGES-ONLINE guidance for the event concerned.
2026 salary note: Government Decision no. 146/2026 set the national gross minimum base salary at RON 4,325 per month from 1 July 2026. This is a dated statutory amount verified in the official legislation portal. Employers should nevertheless recheck the minimum immediately before implementation, together with sector-specific rules and the 24-month limitation applicable to keeping an employee at the general minimum level.
How should probation, confidentiality and non-compete clauses be drafted?
Optional clauses are enforceable only within the Labour Code. They should solve a real business need and should not attempt to remove statutory employee rights.
| Clause | Legal control | Drafting point |
|---|---|---|
| Probation | Generally up to 90 calendar days for execution roles and 120 for management roles. | State the period clearly. Probation operates inside a signed employment contract. |
| Confidentiality | May protect confidential information during and after employment. | Define protected information and permitted disclosures; do not obstruct statutory rights. |
| Non-compete | Requires prohibited activities, third parties, geographic area, duration and monthly indemnity. | A generic ban is insufficient. Post-termination effect cannot generally exceed two years. |
| Mobility | Applies where duties are not performed at a stable workplace. | Describe the area and the additional cash or in-kind benefits. |
| Training | Training costs and retention consequences require lawful, proportionate wording. | Use a separate addendum for significant employer-funded training where appropriate. |
A post-employment non-compete obligation requires payment of a monthly non-compete indemnity. The contract must identify the activities prohibited, relevant third parties, geographic area and period. It cannot impose an absolute ban on the employee’s profession. Confidentiality and intellectual-property provisions should also distinguish employee-created works, employer resources, trade secrets and lawful whistleblowing or regulatory disclosures.
What additional clauses are required for telework and part-time work?
Telework and part-time arrangements require more than changing the workplace or number of hours in a standard form.
Under Law no. 81/2018, telework must be expressly agreed. The contract or addendum should address the periods spent at employer premises, how activity may be checked, the method for recording daily start and end working hours in line with Article 119 of the Labour Code, health and safety responsibilities, equipment, data protection, measures against isolation and the treatment of telework expenses.
A part-time contract must state the duration and distribution of hours, the conditions under which the schedule may be changed and the restriction on overtime, subject to narrow statutory emergencies. Omitting mandatory part-time elements may expose the employer to the risk of reclassification and labour-inspector sanctions.
Can the employer change the contract unilaterally?
As a rule, no. Core terms such as role, workplace, salary, working time and contract duration are modified by agreement, normally through a written addendum concluded before the change takes effect. The Labour Code provides narrow exceptions. In addition to delegation and secondment, Article 48 permits the employer temporarily to modify the workplace and type of work without consent in cases of force majeure, as a disciplinary sanction or as a measure to protect the employee, only in the cases and under the conditions provided by law.
Telework under Law no. 81/2018 remains, as a rule, consensual. An employer should not rely on Article 48 as a general power to impose remote work. Any exceptional unilateral remote-work measure must have a specific legal basis applicable at that time.
A policy cannot silently rewrite a contractual benefit or core term. Before changing a package, the employer should classify each item as statutory, contractual, collectively agreed, policy-based or genuinely discretionary. The correct document and employee-consent requirement follow from that classification.
Employer checklist for Romanian employment contracts
- Identify the real employer. Confirm the Romanian employing entity and authorised signatory.
- Classify the role. Select the correct COR occupation and align it with the job description.
- Choose the lawful contract type. Document any fixed-term or part-time basis and special clauses.
- Verify the employee. Check identity, qualifications, medical fitness and work authorisation.
- Define the workplace. Distinguish office work, mobility, homeworking and telework.
- State working time precisely. Include distribution, unequal schedules, shifts or part-time restrictions where relevant.
- Map compensation. Separate base salary, allowances, bonuses, benefits and reimbursement of expenses.
- Review optional protections. Tailor confidentiality, IP, non-compete, mobility and training clauses.
- Sign and deliver the contract. Complete this before the employee starts work, using wet-ink signatures or the same legally valid electronic-signature type for both parties.
- Transmit REGES data. Preserve proof and reconcile the register with payroll and personnel-file documents.
Risk: A contract can appear complete and still fail in practice when the job description, actual schedule, payroll treatment and REGES record contradict it. Employers should audit the whole employment file, not only the signature page.
Frequently asked questions
Can a Romanian employment contract be signed only in English?
No. The Labour Code requires the individual employment contract to be concluded in Romanian. A bilingual version may be used for a foreign employee or group process, but the Romanian text must be included and the parties should address which version prevails if wording differs.
When must a new employment contract be registered in REGES-ONLINE?
The required employee and contract data must generally be transmitted no later than the day before the employee starts activity, even if that preceding day is not a working day. The employer should complete registration only after the contract reflects the terms agreed and has been signed.
Is an indefinite employment contract mandatory?
An indefinite contract is the statutory default. A fixed-term contract is lawful only in the situations listed by the Labour Code and must state its duration or objective end point. The general maximum duration is 36 months, subject to the specific rules governing successive contracts.
Can an employee work during the probation period without a contract?
No. Probation takes place within an employment contract. The document must be signed, using wet ink or a legally valid electronic signature, and registered before work starts. The general maximum is 90 calendar days for execution positions and 120 calendar days for management positions, with special rules for certain categories and fixed-term contracts.
Does every remote employee qualify as a teleworker?
Not necessarily. Legal classification depends on how and where work is organised and whether information and communication technology is used regularly outside the employer’s workplace. Where Law no. 81/2018 applies, telework must be expressly agreed and the contract must contain its additional mandatory elements.
Does a salary increase always require an addendum?
A negotiated salary change normally requires a written addendum before it takes effect. Where the change follows directly from legislation, the Labour Code exception to the addendum rule may apply. The employer must still update payroll and transmit the reportable salary data to REGES-ONLINE within the applicable deadline.
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Book a ConsultationDisclaimer: This article provides general information and does not constitute legal advice. Contract requirements depend on the role, working arrangement, applicable collective rules and the employee’s status.
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