“Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Labour & Employment 2014, (published in April 2014; contributing editors: Matthew Howse, Walter Ahrens, Sabine Smith-Vidal and Mark Zelek of Morgan, Lewis & Bockius LLP). For further information please visit www.lbresearch.com"
Romania is a civil law jurisdiction and the core employment regulation is the Labour Code. Besides the Labour Code, specific tailored legal enactments regulate other employment-related aspects, such as employment safety and health, insurance for work accidents and professional diseases and social dialogue. Collective bargaining agreements also provide binding rules and obligations to be complied with by the employers.
General provisions on harassment and discrimination are applicable to all citizens in Romania. In addition, special provisions in respect of employees are regulated under the Labour Code. Thus, all direct or indirect discrimination towards an employee, based on criteria such as sex, sexual orientation, genetic characteristics, age, national origin, race, skin colour, ethnic origin, religion, political options, social origin, disability, family conditions or responsibilities or trade union membership or activity shall be prohibited. Similar provisions exist in respect of harassment that is sanctioned as a civil misdemeanour.
The main responsible body for the application of the employment legislation is the Ministry of Labour, Family and Social Protection and its subordinated entities. Aside from the above, there are also other agencies responsible for the application of certain elements of employment law, such as the Romanian Immigration Office responsible for integration of foreign citizens in the labour sector.
Under Romanian law, employees may not waive the statutory rights provided in their favour by the labour enactments. Any transaction that aims to waive those rights recognised by law to employees, or to limit such rights, shall be null. However, the law does not prohibit an employee from waiving the contractual rights provided to him or her following a negotiation held between the employee and the employers.
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