93
91
91
Access to Decent Work
100
100
80
100
100
100
100
100
75
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §164-165 & 260 of Labour Code No. 53/2003 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §150, 161, 162 & 261 of Labour Code No. 53/2003 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §123 of Labour Code, Law No. 53/2003 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §137, 138, 141, 142 & 260 of Labour Code No. 53/2003 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §125-128 & 260 of Labour Code No. 53/2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §125-128 & 260 of Labour Code No. 53/2003 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §114 of Labour Code, Law No. 53/2003 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §113, 134, 135 & 137 of Labour Code No. 53/2003 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §139, 140-42 of Labour Code No. 53/2003 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §145, 146, 147, 148, 149, 150 & 151 of Labour Code No. 53/2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §10-19 of Labour Code No. 53/2003 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | 12 & 82-84 of Labour Code No. 53/2003 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §31-34 & 85 of Labour Code No. 53/2003 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §58-75 of Labour Code No. 53/2003 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §1(1), 19 & 20 of the Emergency Ordinance No 148/2005; Emergency Decree No.111 of 2010 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §1-4 of the Act on paternity leave 210-1 /1999 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | Yes | 1 | §17 of the ORDONANȚĂ DE URGENȚĂ nr. 96 din 14 octombrie 2003 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §17 of the ORDONANȚĂ DE URGENȚĂ nr. 96 din 14 octombrie 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §27(4) of the Labour Code, 2003 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §1, 23, 24, 147 and 25 of Emergency Ordinance No. 158/2005; §147 of the Labour Code No. 53/2003 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §19 & 2 of the Emergency Ordinance No 148/2005; §1, 3, 23, 25(1) of the Emergency Ordinance No. 158/2005 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §19 & 2 of the Emergency Ordinance No 148/2005; §1, 3, 23, 25(1) of the Emergency Ordinance No. 158/2005 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §21.1 of the ORDONANȚĂ DE URGENȚĂ nr. 96 din 14 octombrie 2003; §60 of Labour Code No. 53/2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §13,14,15,23, 24& 25 of Law No. 319/2006 on Safety and Health of Workers at Work | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §20 & 21 of Law No. 319/2006; §175-182 of Labour Code No. 53/2003 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §125 of Labour Code No. 53/2003; ORDONANȚĂ DE URGENȚĂ nr. 96 din 14 octombrie 2003 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §33-50 of LEGE nr.346 din 5 iunie 2002 privind asigurareapentruaccidente de muncăşiboliprofesionale | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions;MISSOC Comp. Table for Romania | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | Unemployment Law No. 76/2002; MISSOC Comp. Table for Romania | Score adjusted due to a minor revision in methodology |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §12 -17 of Emergency Ordinance No. 158/2005; MISSOC Comp. Table for Romania | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions;MISSOC Comp. Table for Romania | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §5, 6 & 159 of the Labour Code No. 53/2003; §4 &7 of Equal Opportunities Law No. 202/2002 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §4(d), 8(1) & 30-33 of Equal Opportunities Law No. 202/2002; §223 of Criminal Code 286/2009 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §5 of Labour Code No. 53/2003; Law no. 448/2006 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §41 of Constitution of Romania; §3 of Labour Code No. 53/2003 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions;MISSOC Comp. Table for Romania | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §13 of the Labour Code, 2003; §87 of Law on the protection and promotion of child rights, 2004 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §49 of the Constitution of Romania; §6 of Law no. 268 of June 13, 2003 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §49 of the Constitution, 1991; §112, 114, 124, 128, 134 & 147 of Labour Code, 2003 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §42 of the Constitution, 1991; §4 of Labour Code, 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §9 & 40 of Constitution of Romania 1991; §214-220 of Labour Code No. 53/2003 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §41 of Constitution of Romania 1991; §6, 39, 229 & 230 of Labour Code No.53/2003; §54 of the Act no. 367 of December 19, 2022 regarding social dialogue; CEACR, C98, Obs. 2023 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §59, 83, 233-236 & 260 of Labour Code No. 53/2003; §146, 170 & 171 of the Act no. 367 of December 19, 2022 regarding social dialogue | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §43, Constitution of Romania 1991; §59, 83, 233-236 & 260, Labour Code No. 53/2003 | No Change |