Labor Legislation in Romania: What Every Recruiter Must Know in 2026

Types of employment contracts: what options do you have as an employer

The Romanian Labor Code (Law 53/2003, with subsequent amendments) regulates labor relations and establishes the legal framework in which the employment process takes place. Understanding this framework is not optional for recruitment teams - it is a legal obligation with direct consequences on the validity of hires and on the company's legal risks.

The individual employment contract (CIM) for an indefinite periodis the general rule in Romanian legislation. This is the default type of contract and does not require a special justification. It offers the employee maximum stability and the employer flexibility in defining the duties, respecting the job description.

CIM for the specified periodis the exception and can only be concluded in limited situations provided by law: replacement of an employee whose contract is suspended, temporary increase in activity, seasonal activities, favorable to the employee or by special legal provisions. The maximum duration is36 de luni, with the possibility of a maximum of 3 successive extensions. Exceeding these limits automatically transforms the contract into one of indefinite duration.

Part-time employment contractit assumes a program lower than the integral norm of 8 hours/day or 40 hours/week. The rights of part-time employees are proportional to the time worked, but they cannot be lower than the minimum rights provided by law. This type of contract must be concluded in writing.

Telework contract(regulated by Law 81/2018, updated) allows the activity to be carried out outside the workplace organized by the employer, using information and communication technology. The employer has the obligation to provide the necessary means, to check the remote work conditions and to respect the employee's right to disconnect.

Trial period: rules and legal pitfalls

The trial period is one of the employer's most important tools in the final selection process, but it is strictly regulated to prevent abuses.

Durata standard: maxim 90 calendar daysfor execution and maximum functions120 calendar daysfor management positions. For disabled people, the trial period is at least 45 working days.

Regula unicitat ii:an employee can undergo a single trial period at the same employer, for the same position. If the employee has previously worked for the same company in the same position, the employer cannot impose a new trial period.

Dismissal during the trial period:during this period, the contract can be terminated by written notification, without notice and without motivation. But this facility should not be confused with an absolute right - dismissal cannot be discriminatory and must respect the principle of good faith.

Beware of abuses:The practice of successively hiring people on trial periods for the same position, without ever completing the employment, can be considered an abuse of law and can attract sanctions from the Territorial Labor Inspectorate. Also, the probationary employment of the same employee with several employers from the same group of companies can be challenged.

Protection against discrimination in recruitment

The anti-discrimination legislation in Romania is one of the strictest in the European Union and has direct implications on the entire recruitment process, from the writing of the job advertisement to the final hiring decision.

OG 137/2000(Government Ordinance on the prevention and sanctioning of all forms of discrimination) prohibits discrimination based on: race, nationality, ethnicity, language, religion, social category, beliefs, sex, sexual orientation, age, disability, chronic non-contagious disease, HIV infection, belonging to a disadvantaged category and any other criterion that aims to restrict rights.

What you are not allowed to ask in the interview:

• Marital status, plans to marry or have children
• Exact age (if not relevant to the legal requirements of the position)
• Religion, political beliefs or sexual orientation
• Ethnic or national origin
• State of health (with the exception of the occupational medicine exam)
• Apartenenta sindicala
• Pregnancy or reproductive intentions

Writing job ads:The law explicitly prohibits discriminatory wording in recruitment ads. Expressions such as "young person wanted", "man with experience", "graduate of a top university" can be considered discriminatory. The announcements must focus on the skills and qualifications necessary for the effective fulfillment of the duties of the position.

GDPR and candidate data protection

The General Data Protection Regulation (GDPR - EU Regulation 2016/679) has a major impact on the recruitment process, because CVs and candidate data constitute personal data that falls under the scope of the regulation.

Legal basis for processing.In recruitment, the most common legal bases are: the candidate's consent (for keeping the CV after the end of the selection process), the legitimate interest of the employer (for processing the application within the active recruitment process) and the execution of a contract (for processing the selected candidate's data for employment).

Informing candidates.Before data collection, candidates must be informed about: the identity of the data operator, the purpose of the processing, the duration of the storage, their rights (access, rectification, deletion, portability, opposition) and the possibility of filing a complaint with the ANSPDCP (National Supervisory Authority for the Processing of Personal Data).

Retention period.The data of non-selected candidates cannot be kept indefinitely. The practice recommended by ANSPDCP is maximum retention12 lunifrom the end of the recruitment process, with the possibility of extension only on the basis of an explicit, freely expressed and specific consent.

The right to erasure (the right to be forgotten).Candidates can request the deletion of their data at any time. The employer has the obligation to respond within a maximum of 30 days and to effectively delete all data, including CVs, interview notes and evaluations. A modern ATS facilitates this process through dedicated complete deletion functionalities.

Work schedule, minimum wage and social contributions

Work schedule.The full work rate is8 hours a day and 40 hours a week. The maximum duration of working time, including overtime, cannot exceed 48 hours per week, calculated as an average over a reference period of 4 calendar months.

Ore suplimentare.Additional work is compensated by paid free hours in the following 60 calendar days. If compensation through free hours is not possible, overtime is paid with a minimum increment75%from the basic salary.

The minimum gross salary in the country.Starting with 2026, the minimum gross salary guaranteed in payment is4.050 RONfor a full work schedule of 165,333 hours on average per month. For employees with higher education and at least one year of experience in the field, the minimum salary is4.300 RON brut.

Contributii sociale (din salariul brut al angajatului):

• CAS (Social Insurance Contribution):25%
• CASS (Social Health Insurance Contribution):10%
• Income tax:10%

Contributia angajatorului:CAM (Insurance contribution for work):2,25%from the total gross salary fund.

This information is essential in the recruitment process because candidates frequently ask about the net salary. The recruiter must be able to quickly estimate the difference between gross and net in order to provide correct information in salary discussions.

Telework and remote work: the updated legal framework

The pandemic has accelerated the adoption of remote work, and Romanian legislation has been updated to reflect this reality. Law 81/2018 on the regulation of telework activity, supplemented by subsequent amendments, establishes the legal framework for remote work.

Definitie legala:Telework is the form of work organization through which the employee, on a regular and voluntary basis, performs his duties in a place other than the place of work organized by the employer, at least one day a month, using information and communication technology.

Obligations of the employer in telework:

• Asigurarea mijloacelor tehnice necesare (laptop, telefon, internet)
• Formarea profesionala privind utilizarea echipamentelor
• Checking the safety and health conditions at work at the telework place
• Respecting the right to disconnect (the employee cannot be contacted outside working hours)
• The clear establishment of the work schedule and the method of recording the hours

Mandatory clauses in the telework contract:The contract or additional act must contain: the place/places of telework, the work schedule, the method of recording hours, the responsibilities of the parties regarding the equipment, the access conditions to the telework place and data security measures.

How an ATS ensures legal compliance in recruitment

The complexity of labor legislation in Romania makes compliance with all legal obligations a challenge, especially for companies without a dedicated legal department. This is where a modern ATS comes in as a compliance tool.

Consimtamant GDPR automatizat.Treegarden automatically collects the consent of candidates at the time of application, records the date, time and version of the accepted privacy policy. When the retention period expires, the system automatically sends notifications for renewal or initiates the deletion process.

Audit trail complet.Every action in the recruitment system is recorded: who accessed a candidate's profile, what changes they made, what communications were sent. This traceability is essential in the case of an ANSPDCP inspection or a labor dispute.

Standardized job descriptions.Treegarden's AI job description generator produces gender, age and other protected texts. The bias detection module automatically checks each ad before publication and signals potential problems.

Standardized assessment processes.The use of objective and consistent candidate evaluation criteria (scorecards, structured interview questions, competency grids) reduces the risk of discrimination and creates solid documentation to justify employment decisions.

Documentatie centralizata.All documents required for employment (contract, job description, medical certificate, record) can be managed in one place, reducing the risk of omissions that could attract sanctions from the Territorial Labor Inspectorate.

The labor legislation in Romania is complex and constantly evolving. The 2025 and 2026 updates regarding the minimum wage, telework and salary transparency bring new obligations for employers. A modern ATS does not replace specialized legal advice, but it automates compliance with standard requirements and significantly reduces the risk of costly errors. With Treegarden, recruitment teams can focus on finding the best candidates, having the certainty that the process respects the legal framework in force.