EMPLOYERS IN ROMANIA - OBLIGATIONS

EMPLOYERS IN ROMANIA - OBLIGATIONS

Employers having their headquarters or domicile in Romania, as well as foreign legal entities that have a branch, subsidiary, agency, or representation within Romania, have specific reporting obligations to the employment agencies.

The agency that needs to be informed is determined by the domicile/headquarters of the employer or its branch, subsidiary, agency, or representation in Romania.

Mandatory notifications to the County Employment Agency (AJOFM) and the deadlines for these are as follows:

• Notification of vacant job positions within 5 working days from when an existing position becomes vacant, or a new position is created.

This notification enables the agency to identify unemployed individuals who meet the requirements of the vacant positions and send them to the employer for an interview, within the validity period of the offer specified by the employer.

• Filling of vacant job positions within one day of their occupancy.

These obligations exist even in the following situations:

• For a newly created position or an existing one that becomes vacant due to an employee's departure.
• Even if a position becomes vacant and is filled on the same day.
• When an employee gives notice of termination of the Individual Employment Contract, and a new employee is recruited during the notice period to ensure continuity.

• Intention to initiate a collective dismissal procedure 30 days before issuing the legally prescribed notice to terminate the Individual Employment Contracts.

Initially, the employer will inform the union or, where applicable, the employee representatives, with the aim of conducting consultations and reaching an agreement.

If, after consultations, a collective dismissal is decided, the consultation results will be notified to both Territorial Labor Inspectorate (ITM) and the employment agency at least 30 days before the issuance of dismissal decisions.

A copy of the notice shall be also sent to the union/employee representatives.

In all cases, the minimum legal notice period to terminate the of 20 working days must be respected.

Failure to fulfil these reporting obligations is punishable by a fine between 3,000 and 5,000 lei.

It is advisable that, if the obligations have not been fulfilled within the legal deadline, the notification should still be made without further delays. For employers, making a notification (even if delayed) before the regulatory bodies notice the irregularities can significantly increase the chances of avoiding penalties, in terms of applying a warning or a fine at the minimum legal amount.