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A single item of legislation, the Labour Code (Codul muncii) — Law no. 53 of 24 January 2003, amended on numerous occasions since — governs most aspects of individual employment relationships. Separate statutes (mainly laws and Government ordinances) dealt with matters such as parenthood-related leave and benefits, sick leave, maternity protection, temporary agency work and teleworking. While the Labour Code regulates some areas of collective employment relations, the main legislation in this area is Law no. 62 of 10 May 2011 on social dialogue, while separate statutes deal with matters such as transfers of undertakings and employee information/consultation. Law no. 319 of 14 July 2006 is the principal item of legislation on health and safety at work, implemented by detailed Government Decisions and “methodological norms”. General legislation on equality and non-discrimination applies in the employment context. Case law interprets the Labour Code and other employment legislation.
Collective agreements (which exist mainly at single-employer level) play a role in regulating employment, setting pay and conditions for around a third of employees. In addition, all employers with 10 or more employees must have in place binding internal rules dealing with discipline, health and safety, discrimination and various other issues. Employment legislation gives internal rules and/or collective agreements a specific role in regulating matters such as recruitment and selection practices, payment of wages, non-standard works schedules, rest breaks, time off for special family events, and procedures for assessing employee’s performance and aptitude.
Individual employment contracts are the other main source of employment law. Employment contracts must not contain provisions contrary to employment legislation or applicable collective agreements, or provide for entitlements below the minimum level laid down by legislation or collective agreements. Collective agreements must not conflict with the provisions of employment legislation, and the employment contracts of employees covered by a collective agreement must not contain provisions that are less advantageous for the employee than those of the collective agreement.
This topic refers to employment law in the private sector only.
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