Romanian Labour Code provides greater protection for temporary and absent employees

Posted on 5th January, 2015

Estimated reading time 3 minutes

A number of new amendments have been added to the Romanian Labour Code in order to reduce discrimination against temporary employees and give greater clarity on the treatment of individual employment contracts. 

The amendments, which came into force on 25 January 2015, are summarised below:

  • Other than in exceptional circumstances, employees who are absent from work on unpaid leave or for any non-permitted periods will have their periods of absence deducted from any calculation of seniority.
  • Employees who reach their full retirement age, or who retire due to disability, no longer require notice to terminate their contracts of employment.
  • Temporary employees may not receive a salary that is lower than that paid to permanent employees in the same or similar role.
  • In calculating an employee’s annual leave allowance, employers should not take into account any periods of absence due to temporary disability or that are related to maternity leave, including maternal risk leave and leave to care for a sick child.  Furthermore, should an employee suffer a temporary disability or any ill-health related to maternity leave whilst on holiday, their holiday entitlement will be increased to include such sickness related absence.
  • If an employee is unable to take their full annual leave allowance as a result of sickness, their remaining entitlement shall be paid in lieu.
  • If, due to reasonable grounds (such as sickness or work requirements), an employee is unable to take their full annual leave, they may carry it forward to the following calendar year.


  • Law no. 53/2003 – the Romanian Labour Code
  • Law no. 12.2015 – amendments to the Romanian Labour Code
  • Directive 2008/104/EC – temporary employment

Further information

For further information or to discuss any of the issues raised, please contact Marilena Ene on +4021 230 01 71 at Ratiu & Ratiu -

Content is for general information purposes only.  The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice.  If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances.  In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article.  For further legal information see our legal page.

Circular 230 disclosure
To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.