91
91
Decent Work
100
100
80
100
100
100
80
100
75
75
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §164-165 & 260 of Labour Code No. 53/2003 |
| Does the law require regular payment of wages? | Yes | 1 | §150, 161, 162 & 261 of Labour Code No. 53/2003 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §123 of Labour Code, Law No. 53/2003 |
| Does the law require additional compensation for working on a weekly rest day? | Yes | 1 | §137, 138, 141, 142 & 260 of Labour Code No. 53/2003 |
| Does the law require additional compensation for night work? | Yes | 1 | §125-128 & 260 of Labour Code No. 53/2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §125-128 & 260 of Labour Code No. 53/2003 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | Yes | 1 | §114 of Labour Code, Law No. 53/2003 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §113, 134, 135 & 137 of Labour Code No. 53/2003 |
| Does the law require paid public holidays? | Yes | 1 | §139, 140-42 of Labour Code No. 53/2003 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §10-19 of Labour Code No. 53/2003 |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | 12 & 82-84 of Labour Code No. 53/2003 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §31-34 & 85 of Labour Code No. 53/2003 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §58-75 of Labour Code No. 53/2003 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | Yes | 1 | §1(1), 19 & 20 of the Emergency Ordinance No 148/2005; Emergency Decree No.111 of 2010 |
| Does the law require at least one week of paid paternity leave for fathers? | Yes | 1 | §1-4 of the Act on Paternity Leave 1999 |
| Does the law require flexible work arrangements for workers with family responsibilities? | Yes | 1 | §118 of Labour Code No. 53/2003 |
| Does the law require paid nursing breaks? | Yes | 1 | §17 of the ORDONANȚĂ DE URGENȚĂ nr. 96 din 14 octombrie 2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §27(4) of the Labour Code, 2003 |
| Does the law require paid 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 |
| Does the law require cash maternity benefit be at least 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 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §19 & 2 of the Emergency Ordinance No 148/2005; §1, 3, 23, 25(1) of the Emergency Ordinance No. 158/2005 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §13,14,15,23, 24& 25 of Law No. 319/2006 on Safety and Health of Workers at Work |
| Does the law require the employer 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 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §33-50 of LEGE nr.346 din 5 iunie 2002 privind asigurareapentruaccidente de muncăşiboliprofesionale |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions;MISSOC Comp. Table for Romania |
| Does the law provide for unemployment benefit? | No | 0 | Unemployment Law No. 76/2002; MISSOC Comp. Table for Romania |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §12 -17 of Emergency Ordinance No. 158/2005; MISSOC Comp. Table for Romania |
| Does the law provide for invalidity benefit? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions;MISSOC Comp. Table for Romania |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration 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 |
| 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 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §5 of Labour Code No. 53/2003; Law no. 448/2006 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §41 of Constitution of Romania, 1991; §3 of Labour Code No. 53/2003 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | LAW no. 263 of December 16, 2010 regarding the unitary system of public pensions; MISSOC Comp. Table for Romania |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §13 of the Labour Code, 2003; §87 of Law on the protection and promotion of child rights, 2004 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §49 of the Constitution of Romania, 1991; §6 of Law no. 268 of June 13, 2003 |
| Does the law prohibit the employment of children 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 |
| Does the law prohibit forced labour? | Yes | 1 | §42 of the Constitution, 1991; §4 of Labour Code, 2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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; CEACR, C98, Obs. 2021 |
| Does the law provide for the right to strike? | Yes | 1 | §59, 83, 233-236 & 260 of Labour Code No. 53/2003; §181-207 of Social Dialogue Law (62/11) |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §43, Constitution of Romania 1991; §59, 83, 233-236 & 260, Labour Code No. 53/2003; §181-207 of Social Dialogue Law (62/11) |
