Pregnant employees who have been insured in the national social security system for at least 6 months in the last 12 months are entitled to 126 calendar days of paid maternity leave.

The leave spans the period before and after birth, with a mandatory minimum of 42 days taken after the birth. Leave is paid by the National Social Security Fund (Casa Națională de Pensii Publice) at 85% of the employee's average insured income over the previous 12 months.

The maternity leave period cannot be extended beyond the statutory entitlement.

Employees who are insured in the state social insurance system are entitled to 10 working days of paid paternity leave following the birth of a child. This leave is paid at 100% of salary from the employer's payroll fund.

If the employee obtains a certificate of completion of a state-recognized childcare course (curs de puericultură), paternity leave can be extended by an additional 5 days, for a total entitlement of 15 working days.

Either parent is entitled to 2 years of parental leave following maternity leave. For parents of children with disabilities, this entitlement extends to 3 years. The leave is granted to the father if the mother does not exercise her right, or if she uses only a portion of the entitlement.

During parental leave, the state provides a childcare allowance set at 85% of the parent's average net income earned over the last 12 consecutive months within the 2 years prior to birth. Minimum and maximum caps apply as set by Romanian legislation.

Employees are entitled to paid sick leave for up to 90 calendar days per year. Payment responsibilities are split between the employer and the National Health Insurance House (Casa Națională de Asigurări de Sănătate — CNAS):

• Days 1–5 of sick leave: paid by the employer
• Days 6–90: paid by the employer and reimbursed by CNAS

The applicable payment rate depends on the illness code specified in the medical certificate issued by a doctor or hospital. Minimum rate is 55% and maximum rate is 75% of the employee's average salary over the previous 6 months.

Sick leave can be extended up to a maximum of 183 days within a calendar year, counted from the first day of illness, subject to approval by a social insurance specialist physician.

Terminations must respect complex rules and the regulations of the employee's employment country. Off-boarding is always handled by the Employer with the primary stakeholders and may include ad-hoc fees as well as required or recommended steps specific to each termination case.

There is no at-will termination in Romania for employers. All employer-initiated terminations must be based on just cause and comply with Romanian Labor Code (Codul Muncii) provisions. As your Employer of Record in Romania, MBRemote manages the full termination process in compliance with local law.

Valid grounds — employee-related reasons:

• Disciplinary misconduct — severe breach or repeated violations of work discipline rules, employment agreement provisions, collective bargaining agreement, or internal regulations
• Physical or mental incapacity — as certified by the relevant medical authorities
• Professional inadequacy — documented inability to meet the requirements of the role
• Pre-trial detention or house arrest exceeding 30 days

Valid grounds — operational/organizational reasons:

• Redundancy following workforce restructuring, based on economic, financial, technological, or organizational grounds

Other valid termination grounds:

• Mutual agreement (acord al părților)
• Termination during or at the end of the probationary period
• Natural expiration of a fixed-term employment contract

Notice period requirements in Romania depend on the reason for termination and the party initiating it:

• Employer-initiated dismissal — minimum 20 working days
• Employee resignation (executive positions) — maximum 20 working days
• Employee resignation (management/coordination positions) — maximum 45 working days
• Termination by mutual agreement — the employer may waive the notice period entirely

Romanian law does not impose a general statutory severance obligation on employers. Severance payments are only required if they have been expressly provided for in:

• The individual employment agreement
• An applicable collective bargaining agreement (contract colectiv de muncă)
• A separately negotiated termination settlement

In cases of redundancy or collective dismissal, a negotiated severance or social plan is common practice and may be expected by employees, particularly in larger organizations.

Both full-time and part-time employees are entitled to a statutory minimum of 20 working days of paid annual leave. Leave accrues at a rate of approximately 1.66 days per month. Employees may take accrued leave as soon as it is earned — no waiting period applies.

Romanian law requires that employees take a minimum of 10 consecutive working days of paid annual vacation per calendar year. Unused leave may be carried over to the following year by mutual agreement, but employers are legally encouraged to ensure full utilization within the year.

Romania observes 17 national public holidays per year — one of the highest counts in the EU. Employees are entitled to paid time off on each of these days. Work on public holidays is compensated at 200% of the employee's average hourly salary, or with equivalent compensatory time off.

National public holidays:

• New Year's Day — 1 January
• Day after New Year's Day — 2 January
• Epiphany (Baptism Day) — 6 January
• St. John's Day — 7 January
• Day of the Union of Romanian Principalities — 24 January
• Orthodox Good Friday — variable (Friday before Orthodox Easter)
• Orthodox Easter Sunday — variable
• Orthodox Easter Monday — variable
• Labor Day — 1 May
• Children's Day — 1 June
• Orthodox Pentecost Sunday (Whit Sunday) — variable
• Orthodox Pentecost Monday (Whit Monday) — variable
• Assumption of the Virgin Mary — 15 August
• St. Andrew's Day — 30 November
• Romania National Day — 1 December
• Christmas Day — 25 December
• Second Day of Christmas — 26 December

The Romania Employer of Record onboarding process is completed within 3 business days following client execution of the Statement of Work and submission of all required employee documentation.

MBRemote collects and verifies all required documentation prior to contract issuance. Standard onboarding documentation for Romania includes:

Employment contracts in Romania must be written in Romanian. Bilingual contracts (Romanian + another language) are permitted and common for international organizations. Contracts must be signed by both parties before or on the first working day.

Mandatory contract elements:

• Identity of both parties (employer and employee)
• Workplace address and employer headquarters
• Job title, position, and detailed job description
• Performance evaluation criteria
• Working conditions (in accordance with applicable legislation)
• Contract commencement date and type (indefinite or fixed-term)
• Annual leave entitlement
• Notice period obligations for both parties
• Gross salary and any variable compensation elements
• Working hours (daily and weekly)
• Duration of the probationary period, if applicable
• Termination procedures and conditions

Probationary periods are not mandatory in Romania but are widely used in practice. During the probationary period, either party may terminate the contract with no required notice period.

Maximum probation periods — indefinite-term contracts:

• Executive / individual contributor positions — 90 calendar days
• Management and coordination positions — 120 calendar days
• Employees with recognized disabilities — 30 calendar days

Maximum probation periods — fixed-term contracts:

• Contracts under 3 months — 5 working days
• Contracts between 3 and 6 months — 15 working days
• Contracts longer than 6 months (non-managerial) — 30 working days
• Contracts longer than 6 months (managerial positions) — 45 working days

Companies employing 10 or more employees in Romania are required to adopt an Internal Regulation (Regulament Intern) — a binding document that establishes workplace rules, disciplinary procedures, and employee rights. The Internal Regulation must be consulted with employee representatives and registered with the territorial labor inspectorate.

Collective bargaining agreements (contracte colective de muncă) may apply at the unit level (company), sector level, or group level. Where applicable, these agreements set additional minimum standards above the statutory floor — including enhanced leave entitlements, additional pay scales, or supplementary benefits.

Romania is subject to full EU GDPR jurisdiction, enforced by the National Supervisory Authority for Personal Data Processing (Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal — ANSPDCP). As the legal employer of record, MBRemote acts as Data Controller for all employee personal data and ensures:

• Documented lawful basis for all HR data processing activities
• Data Processing Agreement (DPA) provided to all clients as standard
• Employee data retention limited to legally required minimum periods
• Cross-border data transfers handled under Standard Contractual Clauses (SCCs)
• Employee privacy notices delivered in plain language at onboarding