Fixed-term employment contract (Romania)

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A Romanian fixed-term employment contract on the same framework model, with what sets it apart: the end date, the reason for the fixed term — one of the closed list of cases in art. 83 of the Labour Code — and the shorter probation art. 85 allows. It cannot run for more than 36 months, and the same parties may sign at most three such contracts in succession.

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Common questions

When may a fixed-term employment contract be used in Romania?

Only in the cases listed in art. 83 of the Labour Code — replacing an employee whose contract is suspended, a temporary increase in activity or seasonal work, for example. The rule is a permanent contract; the reason for the fixed term is written into the contract, and without a valid one the contract can be treated as permanent.

How long can a fixed-term employment contract in Romania last?

It cannot be concluded for more than 36 months (art. 84 of the Labour Code); an extension after the original term needs the parties' written agreement and runs for the length of a project, programme or piece of work (art. 82(3)). The same parties may sign at most three fixed-term contracts in succession, and one signed within 3 months of the previous one ending may last at most 12 months (art. 82(4)–(5)). When the term runs out, the contract ends by law, without notice.

How long can probation last under a fixed-term contract?

Less than under a permanent one: at most 5 working days for a contract shorter than 3 months, 15 working days for 3 to 6 months, and 30 working days for more than 6 months — or 45 for management roles under such a contract (art. 85 of the Labour Code). No new probation may be set if, within 12 months, the same parties sign a new contract for the same job with the same duties (art. 32(2¹)).