titlul Romanian Labour Code - Title 23 -
 

Romanian Labour Code
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Extended Contents Romanian Labour Code
 
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Art. 23. [limits of the non-compete clause]
(1) The non-compete clause shall not have the effect of absolutely prohibiting the exercise of employee’s profession or specialization.
(2) The competent court may, when referred by the employee or the territorial labour inspectorate, reduce the effects of the non-compete clause.
Art. 24. [effects of non-compete clause breach]
When wilfully infringing the non-compete clause, the employee may be required to return the benefit and, as the case may be, pay damages according to the harm caused to the employer
Art. 25. [mobility clause]
Under the mobility clause, the parties to the individual employment contract shall provide that, taking into account the specificity of the work, the employee would not perform the job in a single workplace. In such case, the employee shall enjoy supplementary benefits, in money or in kind.
Art. 26. [confidentiality clause]
(1) Under the confidentiality clause, the parties shall agree, for the entire length of the individual employment contract and after its cessation, to refrain from disclosing data or information they took knowledge of during the performance of the contract, under conditions laid down in rules of procedure, collective labour agreements or individual employment contracts.
(2) Breach of this clause by any of the parties shall incur the obligation of the liable party to pay damages.
Art. 27. [mandatory medical certificate upon employment]
(1) A person may only be employed on the basis of a medical certificate, attesting that the concerned person is able to perform the respective activity.
(2) The breach of the provisions in paragraph (1) shall void the individual employment contract.
(3) When the employee submits the medical certificate after the conclusion of the individual employment contract, and the content of the certificate indicates that the person concerned is able to work, the contract thus concluded shall remain valid.
(4) The competence and procedure for issuing the medical certificate, and the penalties applicable to the employer when employing or changing the place or type of work without a medical certificate shall be laid down in special laws.
(5) The request, before employment, of pregnancy tests, shall be prohibited.
(6) When employing in the health, food and beverage, education and other fields laid down in regulatory documents, specific medical tests may be required too.
Art. 28. [mandatory medical certificate –special cases]
A medical certificate shall also be mandatory in the following cases:
a) when resuming the activity after a pause in excess of six months, in the case of workplaces exposed to professional nuisances, and one year, in all other cases;
b) in case of posting or transfer to another workplace or another activity, should the working conditions change;
c) at the beginning of a mission, for the employees employed under a temporary employment contract;
d) in the case of apprentices, interns, pupils and students, when they are to be trained in trades or professions, and also when changing the trade during the training;
e) regularly, for those exposed to professional nuisances, according to the regulations of the Ministry of Health and Family;
e) regularly, for those performing activities entailing the risk of disease transmission and those working in the food and zootechnics sector, in drinking water supply plants, children communities, health units, according to the regulations of the Ministry of Health and Family;
g) regularly, for those working in organizations with no risk factors, by medical examinations differentiated by age, sex and health status, according to the regulations in the collective labour agreements.
Art. 29. [verification of skills]
(1) ) An individual employment contract shall be concluded after prior verification of the professional and personal skills of the person applying for employment.
(2) ) The methods to accomplish the verification provided for in paragraph (1) shall be laid down in the collective labour agreement, in the staff regulations – be they professional or disciplinary – and in the rules of procedure, unless otherwise specified in the law.
(3) The information requested, in any form, by the employer, from the person applying for employment upon the prior verification of the skills shall have no other objective than to assess the ability to fill in the concerned position and the professional skills.
(4) An employer may ask the former employers for information on the person applying for employment, but exclusively about the duties carried out and the length of employment and with the prior approval of the person concerned.
Art. 30. [contest/examination]
(1) The employment of employees with public institutions, public authorities and other government units can only take place by contest or examination, as appropriate.
(2) The vacancies on the organization chart shall be open to contest, according to the needs of every organization provided for in paragraph (1).
(3) When no more than one applicant registers for the contest organized to fill in a vacancy, the employment shall be decided by an examination.
(4) The conditions for the organization and carrying out of the contest/examination shall be laid down in a regulation approved by Government Decision.
Art. 31. [probationary period]
(1) With a view to verifying the skills of the employee, a probationary period of maximum 30 calendar days for the operational positions and maximum 90 calendar days for the managerial positions may be agreed upon at the conclusion of the individual employment contract.
(2) The verification of the professional skills when employing persons with disabilities shall take place exclusively in the form of a probationary period of maximum 30 calendar days.
(3) For unskilled workers, the probationary period shall have an exceptional character and shall not exceed five working days.
(4) The graduates of higher education institutions shall be employed, at the beginning of their career, under a probationary period of maximum six months.
(41) During or at the end of the probationary period, the individual employment contract may only cease by a written notification, on the initiative of any party.
(5) During the probationary period, the employee shall enjoy all rights and duties provided for in the labour legislation, the collective labour agreement, the rules of procedure and the individual employment contract.
Art. 32. [single probationary period]
(1) During the performance of an individual employment contract, only one probationary period may be established.
(2) By way of exception, the employee may be subject to a new probationary period when he/she enters a new position or profession with the same employer or is to perform the activity in a difficult, unhealthy or dangerous workplace.
(3) The failure to inform the employee of the probationary period prior to the conclusion or amendment of the individual employment contract, within the deadline provided for in Article 17 (4), shall lead to the withdrawal of employer’s right to verify in such way the skills of the employee.
(4) The probationary period shall be included in the length of service.
Art. 33. [limits of probationary periods]
The successive employment of more than three persons on probation for the same position shall be prohibited.
Art. 34. [general employee register]
(1) Each employer shall establish a general employee register.
(2) The general employee register shall first be registered with the competent public authority, according to the law, within whose precinct the headquarters, respectively the domicile of the employer is located, and it shall become an official document from the registration date.
(3) The general employee register shall be filled in according to the order of employment and shall contain the identification elements of every employee, the date of employment, the position/occupation according to the specification of the Romanian Classification of Occupations or other regulatory documents, the type of the individual employment contract and the date of cessation of the individual employment contract.
(4) The general employee register shall be kept at the domicile, respectively the headquarters of the employer, and shall be made available to the labour inspector or any other authority requesting it, under the terms of the law.
(5) At the request of the employee, the employer shall issue a document certifying the activity performed by him/her, and the length of service - in profession and specialization.
(6) In case the employer ceases its activity, the general employee register shall be submitted to the competent public authority, according to the law, within whose precinct is located the headquarters or the domicile of the employer, as the case may be.
(7) The methodology necessary to prepare the general employee register, the records to be made and any other elements regarding their preparation shall be laid down by Government Decision.
Art. 35. [multiple jobs]
(1) An employee shall have the right to hold multiple jobs, on the basis of individual employment contracts, and receive the corresponding wage for each of them.
(2) The cases where the law provides for incompatibilities regarding the right to hold multiple jobs shall be excepted from the provisions of paragraph (1).
(3) The employees holding multiple jobs shall notify each employer of the place where they have the position considered to be primary.
Art. 36. [employment of foreign nationals and stateless persons]
The foreign nationals and the stateless persons may be employed by individual employment contract on the basis of the work permit issued according to the law.
CHAPTER 2 - Performance of the individual employment contract
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