ITM labour inspection in Romania illustration with employment records, checklist and safety helmet on an office desk.

ITM Labour Inspection in Romania: What an Employer Should Prepare

Romanian employment law · Employer inspection guide

An ITM inspection can begin with an unannounced workplace visit, a targeted request for records, a worker complaint or a safety incident. An employer needs an accurate picture of who is working, on what terms, when and where, and a controlled way to produce the records that support that picture.

In brief: Verify the inspectors’ identity and appoint one internal coordinator. Preserve the original state of all records when the inspection begins and document any subsequent correction through the lawful procedure applicable to that record. Reconcile signed employment documents, REGES-ONLINE entries, working-time evidence and payroll records; prepare occupational safety records where that is the inspection’s scope. Record exactly which documents and explanations are requested. If a control report with measures or a contravention report follows, identify each instrument and its own deadline before deciding whether to remedy, clarify or challenge it.

What can the Romanian Labour Inspectorate inspect?

ITM, the territorial labour inspectorate, may inspect employment relations and occupational safety and health. The scope of a particular visit is determined by the inspectors’ mandate and the facts under examination.

Law no. 108/1999 on the Labour Inspection gives labour inspectors powers to enter employers’ premises and workplaces without prior notice, identify persons found there, request information and relevant documents, obtain copies and written statements, order corrective measures and impose contravention sanctions within their competence. Under Article 19(k), stopping an activity or work equipment is tied to a finding of serious and imminent danger of an accident or occupational illness, under the conditions provided by occupational health and safety legislation. A business should therefore be prepared even when no formal appointment has been made.

An inspection of employment relations typically looks at the written employment contracts, transmitted employee-register data, actual working hours, pay, leave and the people physically carrying out work. A safety inspection may concentrate on risk assessments, preventive arrangements, training, equipment, occupational health and an accident record. A visit can cover both strands. It is useful to ask the inspectors to identify the topics and period under review, while ensuring the company cooperates with a lawful inspection.

The relevant framework includes the Romanian Labour Code, Law no. 53/2003, the REGES-ONLINE rules in Government Decision no. 295/2025 and, for safety matters, Law no. 319/2006 on occupational safety and health with its implementing rules in Government Decision no. 1425/2006. Sector-specific requirements may add another layer.

Which inspection route is the company facing?

Identify the immediate trigger before assembling a large and unfocused folder. The four common starting points below call for different first documents and operational contacts; the selection is a planning aid, not a legal classification of the inspection.

Inspection route selector

Select a route to see the first response priority.

Immediate priority: a reliable workforce snapshot

Confirm the inspectors’ credentials, inform the responsible HR and site managers, identify each person working at the location and preserve the contemporaneous attendance, rota, contract and register evidence. Do not coach workers or retrospectively rewrite a time sheet. If the visit extends to safety, bring the designated prevention and protection contact into the response.

What should an employer do during the first hours?

Cooperate, preserve evidence and centralise communications. A written record of the inspection is often as important as the document bundle itself.

Confirm the inspection team and assign a coordinator

Ask to see official identification and record the inspectors’ names, territorial office and arrival time. Inform a designated HR or legal coordinator and, where needed, the site manager or occupational safety specialist. One coordinator should track requests and answers so that different departments do not give contradictory versions of the same fact. The inspection can lawfully be unannounced; an employer cannot insist on a prior appointment as a condition of access.

Preserve the original records and document lawful corrections

Export or make a reliable copy of the register extracts, employment files, attendance logs and relevant correspondence as they stood when the inspection began, before routine systems overwrite them. Preserve creation dates and version history where available. Subsequent corrections remain possible when the applicable law and system procedure permit them; record the reason, supporting document, operator and date, while retaining the original state. If records are held by a payroll provider, an outsourced HR service or a group company abroad, identify who can retrieve them promptly. A missing file at the moment of the visit and a document that never existed are different factual problems; neither is solved by backdating paperwork.

Log questions, interviews and handovers

Record which persons were present, what period the inspectors asked about, which copies were provided and when. Inspectors have statutory powers to seek statements and information from workers. Do not instruct employees to provide a prepared answer or interfere with an interview. If a factual explanation requires access to a record, say so and identify when that record can be produced. For a digital handover, use a secure, documented method and retain an identical copy of the submission.

During an accident or an imminent safety risk, protective obligations have priority. Law no. 319/2006 requires employers to provide relevant records and explanations and implement measures ordered by inspectors. Its special rule on preserving the state of a fatal or collective accident must be read with the exceptions for preventing further accidents or protecting lives. The applicable reporting, investigation and preservation rules depend on the event; involve the responsible specialist immediately.

Which documents does ITM commonly request?

The request depends on the inspection. A company should maintain a current internal index showing who holds each document, which entity it belongs to and how it can be retrieved. This map helps HR, payroll, operations and the safety team answer the same question consistently.

ITM document response map: what to reconcile before submission
Record setCompare it withWhy the comparison matters
Start date, job, workplace, schedule and amendmentsA signed file must match the work actually carried out.
Contract file, start, changes, suspension and terminationTransmission and underlying documents form separate evidence.
Rota, access logs, overtime and part-time termsArticle 119 requires a daily record of working time.
Contract terms, payroll, payment and leave approvalsPayment and entitlement issues cannot be judged from one file alone.
Visitor list, service contracts and worker identityMisclassification and unrecorded work are fact-sensitive.
Risk assessment, training, health and equipment recordsSafety duties depend on the actual workplace and risks.
Select a document setClick a row label to see the first review point for that record.

Keep the request itself next to the response map. A worker complaint about wages may not require every safety record, while a machine incident may put risk assessments and equipment controls first. Where an inspector lawfully requests further relevant documents, update the map and preserve a copy of each additional handover.

What changed with REGES-ONLINE in 2026?

The current employee-register workflow is REGES-ONLINE under Government Decision no. 295/2025. Employers should inspect the data and operation history in the current system rather than rely on an old Revisal-only checklist.

The new decision governs recording and transmitting employment-contract data, changes, suspensions and endings through REGES-ONLINE. Emergency Ordinance no. 46/2025 extended certain transition obligations to 31 December 2025. In a 2026 inspection, check the position under the current rules and the employer’s actual transition history; do not assume every historical field was due on the same day or that an old export by itself demonstrates compliance.

The Labour Inspectorate’s own employer extract guidance explains how to generate a report listing registered employees, while its employer journal guidance covers recorded actions over a chosen period. A useful inspection pack therefore includes the current extract, relevant history and the signed source documents that explain the entries. The journal is an audit aid, not a substitute for the underlying contract or evidence of work actually performed.

For every person in the inspected sample, compare the contractual start, location, duration, schedule and salary terms with the register’s entries and effective dates. Compare suspension or termination records with the underlying decisions and with the person’s actual site or system access. If an inconsistency appears, preserve the original records, identify the cause and use the lawful correction route with an auditable explanation. Quietly editing the system after an inspector has asked for evidence can make the chronology harder to establish.

Outsourcing entry or payroll work does not remove the employer’s need to understand its own records. Confirm who holds administrator access, who approved each transmission and how the company receives proof of submission. A foreign parent company may run a central HR platform, but the Romanian employing entity still needs to produce the records relevant to its workforce.

Where do inspections most often become legally sensitive?

Undeclared work and the first day of employment

The Labour Code requires the written employment contract to be concluded and the required register data to be transmitted no later than the day before the employee starts work. Article 151 of the Labour Code defines several forms of undeclared work, including work without the written contract, work before the required register transmission, work performed during suspension and work by a part-time employee beyond the contractual duration of working time, subject to the statutory exception. These are distinct factual routes. The company should identify which route is actually alleged instead of answering only with a signed contract.

Temporary workers, contractors, agency personnel, trainees and visitors should be identified accurately on site. A services invoice does not alone decide whether a natural person is working in a genuinely independent capacity. Our employee versus contractor guide explains the wider classification issue. If a person works for another employer, retain the arrangement and identify the actual employer and the basis for work at this site.

Hours, rest and part-time schedules

Under Article 119 of the Labour Code, employers keep daily records of each employee’s working time, with the start and end of the programme, and make them available to inspectors. The statute contains rules about how records can be agreed for mobile and home-based workers; verify the actual arrangement and the version of the law applicable to the period examined. A monthly total without a credible daily basis may leave an important evidential gap.

Compare rosters, customer service logs, access systems and manager approvals with the time record. If shifts were exchanged or remote work changed the place and timing of work, keep the underlying approval. For part-time employees, distinguish a changed schedule from work exceeding the contracted duration: Article 151 addresses the latter, with a statutory exception. Overtime, rest days and annual leave also need a coherent record; avoid assuming a fixed salary automatically resolves all working-time questions.

Pay, leave and personnel files

Payroll must be traced to the applicable contractual terms and actual period worked. A payroll export can show calculation; payment evidence shows whether and when sums were transferred. Leave approvals and balances explain absence, but an employee who is shown as absent in one system and working in another requires a factual investigation. Preserve the relevant records before changing the entry, and document any correction as a correction.

Occupational safety and health

Law no. 319/2006 places preventive duties on employers, including measures adapted to the risks of the actual workplace. The implementing rules address the organisation of prevention and protection, training and related documentation. A signed generic training sheet is weak evidence if the instruction did not address the equipment or tasks in use. Review risk assessments, worker training, designated responsibilities, protective equipment, health surveillance and incident evidence in the context of the site being inspected.

Operational risk: A contravention fine, a deadline to remedy a deficiency and an order to stop dangerous activity can have different legal bases and effects. Keep a separate action owner and deadline for each instrument. Filing a complaint about a fine should never be assumed to authorise continued operation contrary to a distinct safety measure.

Can undeclared work stop activity at the inspected workplace?

Undeclared-work risk: Under Article 260(4) of the Romanian Labour Code, an inspector orders the cessation of activity at the inspected workplace when one of the contraventions in Article 260(1)(e)–(e2) is established: receiving someone to work without an employment contract, without the required prior transmission to the employee register, or while their contract is suspended. This is a separate measure from stopping dangerous activity under workplace safety legislation. Under Article 260(5), activity may resume only after the employer meets the statutory conditions, including payment of the fine as required by law, remedying the relevant employment or register deficiency and presenting proof of payment of the applicable social contributions and income tax for the undeclared-work period. Resuming activity in breach of these conditions constitutes a criminal offence under Article 260(6). The excess-hours breach involving a part-time contract under Article 260(1)(e3) is not listed in Article 260(4). Identify each worker and complete the written contract and required register transmission no later than the day before work starts.

Can an employer refuse a document request or limit access?

Labour inspectors have broad statutory powers under Law no. 108/1999, including the powers listed in Article 19, and the inspected entity must provide documents and information necessary for the control. Commercial confidentiality alone is not an automatic reason to refuse a relevant lawful request. At the same time, the GDPR’s data-minimisation principle continues to apply to the employer’s handling of personal data. Clarify the requested employees, period and purpose, use a secure handover and restrict unnecessary circulation inside the company.

Where a document contains unrelated personal details, consider whether a partial redaction or a narrower extract is legally appropriate without obscuring information the inspector is entitled to examine. Explain any proposed redaction and be ready to supply the relevant unredacted material if lawfully required. Do not anonymise employee identity, hours or other facts central to the control merely because they are personal data. If the request is ambiguous or unusually broad, seek clarification promptly and document the response rather than silently withholding relevant evidence.

Keep a copy of every file supplied, the version date, the recipient and the delivery method. If an original is taken or a copy certified, retain the acknowledgment. A parent company or external adviser may help prepare the response, but inspectors may still require information from management or workers on site. Employee statements should be allowed to proceed without intimidation, retaliation or a fabricated script.

Legal counsel can help formulate an accurate response to a disputed factual allegation while the inspection continues. The employer should correct an immediately dangerous condition and meet an applicable remedial deadline even if it disagrees with a legal conclusion. Keep remedial action separate from any admission about what happened previously.

What happens after the inspection?

Read every document delivered by ITM as a separate instrument. Identify factual findings, legal provisions, required measures, proof of communication and the available response route.

At the close of the visit or afterwards, the company may receive a proces-verbal de control (control report) recording findings and mandatory corrective measures, sometimes with an annex or plan of measures and specified deadlines. A separate proces-verbal de constatare și sancționare a contravenției records an alleged contravention and its warning or fine. Occupational safety and health controls may generate their own findings and measures, including an order concerning dangerous activity or equipment where the statutory conditions are met. The Labour Inspectorate’s control guidance distinguishes the control report from the contravention report. Create a document register with the date of handover or communication, a responsible person, the deadline stated and the evidence needed to answer each finding.

Start with the factual allegations. Which worker, location, date, period and underlying record are at issue? Then check the cited legal provision and whether the available evidence supports that characterization. A procedural defect can matter, but not every typographical error invalidates a report. A sound review considers both formal requirements and the substance of the finding, the sanction’s proportionality and any applicable special statutory rules.

For a contravention report, Article 31 of Government Ordinance no. 2/2001 generally provides 15 days from handover or communication for a complaint. Confirm the starting date from the actual service evidence. Territorial jurisdiction and the effect of a complaint should be checked against the current Article 32 and any special law relevant to the alleged infringement. Do not conflate that procedural route with a separate order requiring correction or stopping an unsafe activity.

Does a control measure follow the same challenge route as an ITM fine?

No. Article 20(3) of Law no. 108/1999 directs challenges against contravention reports to the procedure under Government Ordinance no. 2/2001. Article 20(2) provides that challenges against acts of an administrative nature issued by labour inspectors are resolved under Law no. 554/2004 on administrative litigation. Whether a particular measure can be challenged separately under that law depends on its legal nature and effects. A mandatory measure in a control report may therefore require an administrative-law analysis, including whether the particular measure is an administrative act, whether a prior complaint is needed and which filing and court deadlines apply. Its wording, legal basis and effect must be assessed individually.

A challenge to a control report or measure does not, by itself, suspend its mandatory obligations, unless the applicable law or a court order provides otherwise. If immediate compliance would cause a serious dispute or operational impact, examine the separate conditions for interim relief under administrative law while managing safety and remediation obligations. Do not apply the 15-day contravention deadline or the procedural effects of a fine complaint automatically to every measure in the control report.

If the company accepts a factual deficiency, assign the corrective work, preserve evidence of the fix and answer the authority by the specified deadline where required. If it disputes the allegation, collect contemporaneous documents and record who can explain them. A business may need to comply operationally while evaluating a challenge. Paying a fine, lodging a complaint and completing a corrective measure can have different consequences; decide from the exact papers, not from a generic template.

Illustrative scenario: responding to an employment compliance inspection

Consider a Romanian subsidiary of an international group operating across several locations. ITM inspectors arrive unannounced and focus on working-time records, employment documentation and REGES-ONLINE compliance. The document request covers employment files, register evidence, attendance records and payroll-related documentation for a defined review period.

In the first 48 hours, a well-organised response would start by appointing a single internal coordinator and creating a document map covering HR, payroll and operational records. Copies of the relevant records would be preserved in their original state, a handover log would be kept and responsibility for each requested document category would be assigned.

The review could then reveal inconsistencies between contractual working arrangements, REGES-ONLINE entries and operational attendance records affecting a limited number of employees. The company should not alter records retroactively. It should document each discrepancy, preserve the original evidence and record any correction as a correction, through the applicable legal and administrative procedure.

Legal support in a scenario like this would typically involve reconciling the relevant records, preparing explanatory submissions and organising the supporting evidence. The aim is a consistent chronology supported by contemporaneous documents, rather than isolated records viewed separately.

The end result of such a process would normally be an inspection-response file, a deadline register, a remediation plan and an employee-sample audit designed to identify similar issues before a future inspection.

Practical lesson: in many inspections, the decisive question is not only whether a document exists, but whether contracts, REGES-ONLINE records, payroll data, working-time records and the reality of workplace operations align with one another.

This is a hypothetical scenario prepared for educational purposes. It does not describe a real client matter, and it does not guarantee any inspection, administrative or court outcome.

What should go into an ITM defence and compliance file?

Keep a single indexed file that can support a legal assessment and a practical remediation plan. The buttons below are a local planning aid: they do not upload or save company information.

Click each card as the file is assembled.

0 of 8 items selectedChoose a document to start the inspection file.

Not every record is required in every inspection, and a complete defence may need documents not listed here. Match the file to the authority’s precise allegations. Organise a chronology of the employee’s actual work, changes and communications; record the source and custodian of each document. If a witness has first-hand knowledge of an event, preserve their account without coaching or changing it to fit a theory of the case.

How can management prepare before the next visit?

A short internal audit is more useful than a generic binder assembled on the day of control. Sample a few active employees, a recent starter, a part-time worker, a person with a suspension or amendment and, where relevant, an external worker present on site. For each person, trace the signed agreement to the register, the actual hours, payroll and site access. The purpose is to identify a mismatch while the underlying evidence is still available.

Set a clear process for pre-start onboarding: conclude the written contract and transmit the required register data no later than the day before work starts. Manage schedule approvals, working-time records and subsequent REGES-ONLINE updates within their applicable deadlines. Verify that the manager who knows the operational facts can communicate them to HR, and that the service provider responsible for transmission can produce a reliable audit trail. In multi-site or foreign-owned groups, specify which legal entity employs each person and who owns the local compliance task.

For safety, inspect the workplace rather than relying only on forms: compare the risk assessment and training record with tasks and equipment in use. Assign a named person to keep preventive documentation current and to escalate incidents. Follow up on prior ITM measures with dated proof of implementation. Repeat the sample periodically, particularly after opening a new site, changing shifts, adopting a new HR system or bringing in a new labour supplier.

How Atrium assists with an ITM inspection

Atrium can review the inspection request and the employer’s document map, align HR, payroll and operational evidence, assess a disputed factual or legal finding and prepare the response to a contravention report or corrective measure where appropriate. The work begins with the company’s actual records and deadlines, including any safety issues requiring immediate action.

For an international group, the legal review can also clarify which Romanian entity employs the worker, what the local register shows, how foreign-managed systems record time and who is authorised to respond on behalf of the employer. An early document chronology helps management decide which records to produce, which corrections are required and whether a challenge is justified.

This describes a service process and does not report a particular client matter or promise an inspection, sanction or court outcome.

Related Guides

Frequently asked questions

Can ITM arrive without advance notice?

Yes. Law no. 108/1999 gives labour inspectors a statutory right to enter workplaces without prior notice in the exercise of their duties. Verify official identification, involve the responsible company contact and keep a record of requests and copies supplied.

Is a signed employment contract enough to answer an undeclared-work allegation?

Not necessarily. The legal question may concern the date of signing, timely register transmission, work during suspension or a part-time employee exceeding the contracted duration of work, subject to the statutory exception. Compare the contract with the register and evidence of the work actually performed.

Does an employer still need Revisal documents in 2026?

The current workflow is REGES-ONLINE under Government Decision no. 295/2025, following the transition extended to the end of 2025. Historical exports may help explain older events, but prepare current extracts, relevant operation history and the signed source documents for the inspected period.

How quickly must an ITM fine be challenged?

Article 31 of Government Ordinance no. 2/2001 generally gives 15 days from handover or communication of the contravention report. Confirm the service date, the cited law, the competent court and any special procedural rule before filing. A separate corrective or safety measure may require a different analysis.

Does challenging the contravention report stop a safety measure?

Do not assume so. Identify the precise instrument and its statutory basis. A complaint about the sanction and an order to stop dangerous activity or implement corrective work may follow different routes and have different effects. Take immediate safety obligations seriously while legal options are assessed.

What should a foreign-owned Romanian company prepare first?

Identify the Romanian employing entity and local contact, then retrieve the active employee list, signed contracts, REGES-ONLINE data, daily time records and relevant payroll evidence. If the visit concerns workplace safety, involve the designated local safety specialist and collect the site-specific records.

Respond to an ITM inspection with a documented plan

Send the inspection request or report, the documents served, the relevant employee and register records, and any approaching measure or complaint deadline. Atrium can help identify the legal issues, organise the evidence and plan an appropriate employer response.

Contact Atrium about an ITM inspection
Disclaimer: This page provides general information only and does not constitute legal advice, a legal opinion or the creation of a lawyer-client relationship. Legal solutions depend on the specific facts and documents involved.

AI Notice: AI-assisted content, reviewed by a qualified Romanian lawyer.

Featured image illustrating dual employment in Romania, showing a professional working two jobs with symbols for legal rights, taxation, and employment rules.

Dual Employment in Romania: Legal & Tax Rules Explained

Employment law and payroll compliance · Romania

Dual Employment in Romania: Legal & Tax Rules Explained

Romanian employees may hold more than one employment relationship, but the practical analysis is not limited to asking whether a second contract is legal. Employers and employees should review overlapping schedules, rest, conflicts of interest, confidentiality, payroll treatment, the designated base function and any sector-specific incompatibility.

This guide is for employees, Romanian employers, foreign companies hiring in Romania and HR or payroll teams managing multiple employment contracts. Fiscal treatment and working-time compliance can change with the facts and current rules.

Play
Video guide: the main legal, working-time and tax questions raised by dual employment in Romania.

Short answer: Article 35 of the Romanian Labour Code protects the employee’s right to work for different employers or to conclude more than one employment contract, subject to the applicable legal conditions. A second job is not, by itself, misconduct. The contracts must nevertheless be administered separately, schedules should not overlap, mandatory rest and health-and-safety protections must be respected, and valid incompatibilities or conflicts of interest must be addressed.

What is dual employment in Romania?

Dual employment, also called cumul de funcții, usually means that a person has two or more individual employment contracts at the same time. The contracts may be with different employers or, under the applicable conditions, with the same employer.

Each contract creates a separate employment relationship. Salary, duties, leave, performance expectations, disciplinary responsibility and termination are normally assessed by reference to the relevant contract and employer. This does not mean that the contracts exist in complete isolation. Working-time, rest, fatigue, health and safety, confidentiality, conflict-of-interest and fiscal questions may require a wider review.

The label used by the parties is not decisive. An employee who performs work under a second employment contract is not automatically an independent contractor, consultant or freelancer. Conversely, a person who has a company, PFA or other business activity does not automatically have a second employment contract. The documents and the actual work relationship must be examined.

Two employers

Separate employment contracts with separate employers. Each employer administers its own contract, while the employee must avoid schedule conflicts and protect confidential information.

One employer

More than one contract with the same employer requires careful review of distinct duties, schedules, rest, working-time records and the applicable legal limits.

Employment plus business

An employment contract combined with PFA, company or freelance activity raises a different classification and tax analysis.

Is a second job legal?

As a general principle, yes. Article 35 of the Labour Code recognises the freedom to work for different employers or to work for the same employer under more than one contract, while respecting the applicable legal conditions. A Romanian employer should not impose a blanket prohibition on any other paid work merely because the employee has chosen to take a second job.

That principle is not unlimited. The employee must comply with the duties of loyalty, good faith, confidentiality and professional discipline. A second job may also be restricted by a statutory incompatibility, a regulated profession, a public-sector rule, a valid conflict-of-interest control or the practical impossibility of performing both contracts without overlapping schedules or unacceptable fatigue risks.

A contractual clause that says “the employee may not perform any other activity” should be read carefully. It may be ineffective if it goes beyond a legitimate protection of confidential information, competition, working time or a specific incompatibility. The employer should identify the actual protected interest rather than rely on a general prohibition.

Select the fact that usually determines the first legal question.

Right to work

Begin with the employee’s statutory freedom to work under more than one contract, then test the schedules, rest, conflicts and any special rule.

How should employers review two employment contracts?

The safest process begins with the actual arrangement. The employer should know the duties, schedule, place of work, reporting line and expected availability under its own contract. It should not demand irrelevant details about the employee’s private life, but it may need information necessary to prevent a schedule conflict, protect confidential information, assess health and safety or comply with a fiscal or statutory requirement.

Where the employee has different employers, one employer may not have a complete view of the other contract. The employee should therefore communicate enough information to make the working arrangement possible without disclosing unnecessary confidential details. A written declaration or schedule confirmation may be useful, but it should not be used as a disguised waiver of mandatory rights.

For contracts with the same employer, the employer has greater visibility and should verify that the duties are genuine and distinct, working hours are recorded correctly, and the structure is not being used to evade overtime, rest, minimum-wage or other employment obligations.

QuestionDifferent employersSame employerPractical control
Are the contracts separate?Yes, each employer administers its own contract.Yes, but the employer sees both relationships.Keep duties, schedules and payroll records identifiable.
Can schedules overlap?They should not overlap in practice.They should not overlap and must reflect genuine work.Compare planned and actual working hours.
Is consent for the second job generally required?Not as a general rule, subject to legal or contractual safeguards.The employer must agree to the contractual structure and work performed.Check incompatibilities, confidentiality and conflicts.
Who handles payroll?Each employer handles its own contract and reporting.The same employer must keep the relationships distinct in records.Coordinate payroll without treating contracts as one salary.

Working time, rest and health and safety

Working-time compliance is the most sensitive operational issue. The employee should not be scheduled to work under two contracts at the same time. The employer should also assess daily and weekly rest, the actual work pattern, overtime, night work, commuting, fatigue and the nature of the job.

The 48-hour weekly limit, including overtime, should not be presented as a simple permission to work two full-time jobs. The legal analysis may depend on the employer structure, the applicable interpretation of national and EU law, the way hours are organised and the health-and-safety consequences. Where the employers are separate, one employer may not be able to calculate the employee’s complete working time without information from the employee. That difficulty is a reason for a careful review, not a guarantee that every schedule is lawful.

Where several contracts exist with the same employer, cumulative working time and rest are especially important. The employer should not use separate payroll entries to conceal a schedule that effectively exceeds the rules applicable to the employee. The records should show when work begins and ends under each relationship and how breaks and rest are protected.

For safety-sensitive work, driving, healthcare, industrial activity, night work or roles involving significant responsibility, fatigue can create direct risks to the employee, colleagues and third parties. An employer may therefore need a proportionate risk assessment and a focused conversation with the employee without turning the existence of a second job into automatic grounds for discipline.

Select the control that should be documented first.

No overlap

Start by comparing the actual schedules. A contract structure cannot make simultaneous work for two employers lawful.

Salary, leave and employment records

Each employment contract normally generates its own salary entitlement and employment records. One employer should not reduce the salary agreed under its contract because the employee earns income elsewhere. Payroll, deductions, leave, sick leave and other rights should be administered according to the relevant contract and the applicable rules.

Annual leave is connected to each employment relationship, but the employee must be able to take leave and rest in a way that works across the contracts. An employee who is on leave from one employer may still be working for another only if that arrangement is compatible with the purpose and legal conditions of the leave. Sick leave and medical restrictions require particular care and should not be treated as a simple scheduling issue.

All employment contracts and reportable changes should be correctly transmitted in the current employee registry system. Employees should be able to verify the contracts and registered data. Employers should avoid informal work outside the registered contract, including “trial” work performed under a second arrangement without the required documentation.

What is the base function?

The base function, or funcția de bază, is primarily a fiscal and payroll designation. It identifies the employment relationship at which the employee claims the applicable personal deduction and certain benefits or tax treatment under the current fiscal rules. It does not make that contract the only legally important job and does not give the base-function employer a general power to control every other employment relationship.

The employee should designate the base function with the appropriate employer and should not claim the same fiscal benefit twice. The employer should request only the information needed for payroll and should check the current fiscal documentation rather than rely on an old checklist. If the employee changes the base function, payroll should be updated from the legally relevant period.

Meal tickets, deductions, benefits and contribution calculations should be verified under the rules in force at the time. They should not be explained through an absolute statement that one employer always controls every benefit. The result may depend on the type of benefit, the days worked, the contract and the applicable fiscal provisions.

Part-time contracts and social contributions

Multiple employment contracts often include part-time work, which can create additional payroll questions. A part-time salary below the national minimum wage does not automatically mean that the employee or employer has done anything unlawful. The fiscal rules may require social contributions to be calculated by reference to a minimum threshold unless an applicable exception or evidence-based condition is met.

The treatment can depend on the employee’s total income, other contracts, age, studies, disability, pension status, the type of contract and the documentation submitted to the employer. The employer should check the current Fiscal Code, implementing rules and monthly payroll instructions before applying a top-up or an exemption.

Employees should provide accurate declarations and supporting evidence within the required period. Employers should keep the evidence and apply the rule consistently. An old article that states one fixed gross minimum wage, one universal deadline or one automatic exemption list can become misleading as soon as the fiscal framework changes.

Payroll safeguard: do not calculate the tax treatment of a part-time contract from the existence of a second job alone. Confirm the current threshold, the employee’s relevant category, the documents submitted and the month to which the calculation relates.

Loyalty, confidentiality and conflicts of interest

A second job does not suspend the employee’s duty to protect confidential information. The employee should not transfer customer lists, pricing, source code, legal advice, internal policies, passwords or business plans from one employer to another. The employer should define confidential information in a way that protects a legitimate interest without attempting to classify every fact about the employee as secret.

Conflict-of-interest controls should be specific. The employer may need to know whether the second employer is a competitor, supplier, customer, regulated entity or party in a matter handled by the employee. The response may be disclosure, restricted access, recusal, a change of duties or another proportionate measure. A general ban on all outside work is usually less precise than identifying the conflict that must be managed.

Non-compete clauses are governed by their own statutory conditions and should not be confused with a general prohibition on dual employment during the employment relationship. A clause that is unpaid, unlimited or unrelated to a legitimate protected interest may be difficult to enforce.

Sector-specific incompatibilities

Some roles require a separate review. Public officials, civil servants, regulated professionals, medical staff, lawyers, company directors and employees in sectors with special working-time or integrity rules may be subject to incompatibilities that do not apply to an ordinary private-sector employee.

The fact that an activity is performed outside the normal schedule does not automatically solve an incompatibility. The employer should identify the specific statute, professional rule, public-integrity provision, licence condition or internal rule that applies. This is particularly important where the employee exercises public authority, controls public funds, performs safety-sensitive work or owes duties to multiple regulated entities.

Company administrators and directors also require a corporate-law analysis. Whether a person may hold an employment contract with a company they manage depends on the company type, role, appointment, actual duties and the current Companies Law. Do not rely on a universal statement that every administrator may or may not be employed by the same company.

Practical employer checklist

  • Confirm the employee’s role, schedule, place of work and expected availability under your contract.
  • Check whether any statutory incompatibility, regulated profession rule or conflict of interest applies.
  • Do not impose a blanket prohibition on a second job without identifying a lawful and proportionate reason.
  • Make sure the employee cannot be scheduled to work simultaneously under two contracts.
  • Assess rest, overtime, night work, fatigue and health-and-safety risks based on the actual pattern.
  • Keep each contract, salary, leave record and registry entry separately identifiable.
  • Protect confidential information through precise access and conflict controls.
  • Ask for only the information necessary to administer payroll and compliance.
  • Check the current Fiscal Code rules for part-time contributions and the base function.
  • Review the arrangement when the role, schedule, employer, customer or sector changes.

Frequently asked questions

Is dual employment legal in Romania?

Generally, yes. Article 35 of the Labour Code protects the right to work under more than one employment contract, subject to schedule, rest, incompatibility, conflict-of-interest and other applicable conditions.

Can an employer forbid an employee from having a second job?

Not as a blanket rule merely because the employee wants to work elsewhere. A restriction may be justified by a specific statutory incompatibility, genuine conflict of interest, confidentiality concern, competition issue or another lawful and proportionate reason.

Can two employment schedules overlap?

No. The employee should not be required or permitted to perform work simultaneously under two contracts. The employer should compare the actual schedules and document any relevant availability or change.

Does the 48-hour rule automatically allow two full-time contracts?

No. The 48-hour rule should not be treated as a general permission for two full-time jobs. Working time, rest, overtime, fatigue and health-and-safety compliance require a fact-specific assessment.

What does the base function mean?

The base function is a fiscal and payroll designation, not a general labour-law hierarchy. It is used for the applicable tax treatment and must be designated and administered according to the current fiscal rules.

Can dual employment affect part-time contributions?

It can. The treatment depends on current fiscal rules, the employee’s total income, contract type, status and the evidence submitted to the employer. Payroll should be checked for the relevant month rather than calculated from a generic rule.

Need to review multiple employment contracts?

A Romanian employment lawyer can assess schedules, payroll treatment, confidentiality, conflicts of interest and sector-specific restrictions before the arrangement creates risk.

Book a consultation

Disclaimer: This article provides general information only and does not constitute legal advice or the creation of a lawyer-client relationship. Dual employment depends on the contracts, actual schedules, employee status, sector, fiscal rules and current Romanian law. Obtain a case-specific assessment before imposing a restriction or changing the employment arrangement.

AI Notice: AI-assisted content, reviewed by a qualified Romanian lawyer.