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Hiring a person in Romania involves some steps that every employer shall take into account when recruiting a new employee. Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Labor law, Civil law, GDPR who can advise you on the steps can advise you on the steps to be carried out in such cases, as well as providing legal assistance in drafting and /or reviewing the necessary documents, for instance: employment agreement, job description, internal regulations, or advising on the implementation of GDPR policies in labor relations.
Relevant pre-employment aspects
Every employee in Romania is obliged to conclude an individual employment agreement in Romania with the employer at least one day before the beginning of the activity.
Among the essential elements that any individual employment agreement in Romania shall include are the identification data of the parties, the duration of the employment agreement, the place of employment, the position or the job of the employee, the duration of the annual leave or the salary of the employee.
Additionally, each employer in Romania will prepare the employee’s job description, which includes the duties and tasks, as an integral part of the Romanian individual employment agreement.
Considering that each person may be employed in Romania only on the basis of a medical certificate, another precondition is related to carrying out the medical examination prior to concluding the individual employment agreement.
Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Labor law and civil law that can provide legal assistance in regards to drafting and/or reviewing the individual employment agreement and other related documents, as well as provide advice on any other obligations of the employer prior to hiring employees.
Relevant aspects during the performance of the Romanian employment agreement
The employer in Romania shall ensure that the employee has completed the employee safety and health procedure at the time of employment, as well as periodically throughout the employee’s work activity.
The purpose of the procedure is for the Romanian employee to acquire specific knowledge, develop safety skills at work and to be aware of the risks of the professional activity that is carried out.
Moreover, each employer in Romania shall ensure that it complies with the provisions of the General Data Protection Regulation (GDPR).
Therefore, the employer shall implement appropriate GDPR technical and organizational measures and data protection policies and shall keep records of processing activity in order to justify their compliance.
Furthermore, Regulation no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation- GDPR) expressly provides for the situations in which the employer in Romania, as data controller or data processor, is obliged to appoint an internal data protection officer (DPO) or an external collaborator.
For the optimal operation of the business, the employer shall also ensure the operation of the human resources (HR) and payroll (payroll) activities necessary for each company in Romania.
To this end, the employer shall either organize specialized HR and payroll departments within the company or will outsource these services to specialized companies.
Pavel, Margarit and Associates Romanian Law Firm contacting a specialized lawyer in Labor law, civil law and GDPR, who can provide legal advice on the relevant pre-employment aspects and obligations, as well as during the performance of the employment agreement and on the implementation of GDPR policies at work.
Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, offering top legal advice. The Romanian law firm’s clients are foreign and top local companies and high worth individuals. In 2022, the success stories of the Romanian Law Firm have brought recognition from the most prestigious international guides and publications. The firm was ranked third place in Romania by the Legal 500 publication. The Romanian law firm is also recognized by IFLR 1000 Financial and Corporate Guide 2022. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm can be found on the website www.avocatpavel.ro.