Contract: templates and forms

The agreement by which a Romanian employer and employee end the employment contract on an agreed date, without notice or a reason (art. 55(b) of the Labour Code). It fixes the last working day, the final pay — including payment for untaken leave — and the return of company property, and leaves room for any extra sum negotiated. It cannot contain the employee waiving statutory rights.

A Romanian permanent employment contract, following the framework model in Order no. 2171/2022, which replaced the old Order no. 64/2003: the parties, probation, place of work, job with its COR code, working time and schedule, leave, salary and pay date, notice periods, duties, the risks of the job, evaluation criteria, training and each side's rights and obligations, from letter A to T. It must be signed and entered in the general employee register by the day before work starts.

The addendum with a non-compete clause that applies after the employment contract ends, with every element without which the clause has no effect (art. 21 of the Romanian Labour Code): the activities barred, the third parties, the area, the length — 2 years at most — and the monthly indemnity of at least 50% of the average gross pay of the last 6 months.

The addendum by which an employee in Romania undertakes not to disclose information learned during the contract, while it lasts and after it ends (art. 26 of the Labour Code): what is confidential, how long the duty lasts after leaving, and what cannot be forbidden — public information and reports protected by law. A breach gives rise to damages.

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.

The addendum by which a Romanian employer and employee agree on telework, with every element Law no. 81/2018 requires: days at the office, when and how the employer checks the work, how hours are recorded, the equipment and costs the employer covers, health and safety, data protection and the steps against the teleworker being cut off from colleagues. The telework location has not been compulsory since 2021, but the parties may agree on one.

The agreement with a PFA or another independent professional in Romania, written so that the relationship stays a collaboration, not employment: the provider sets their own hours and place, works with their own means, may have other clients, bears the risks and pays their own tax and contributions. The Tax Code treats as wages the income from work that fails at least four of its seven tests of independence.