Hiring an employee in Romania involves some steps that every employer shall take into account when recruiting a new employee. Pavel, Margarit and Associates Romanian Law Firm recommend contacting a specialized lawyer in Labor law, Civil law, GDPR who can advise you in drafting and /or reviewing the necessary documents, for instance: employment agreement, job description, internal regulations, or advising on the implementation of GDPR policies in labor relations in Romania.
Relevant pre-employment aspects in Romania.
Every employee in Romania is obliged to conclude an individual employment agreement in Romania with the employer at least one day before the beginning of the activity.
Among the essential elements that any individual employment agreement in Romania shall include are the identification data of the parties, the duration of the Romanian employment agreement, the place of employment, the position or the job of the employee, the duration of the annual leave or the salary of the employee in Romania.
Additionally, each employer in Romania will prepare the employee’s job description, which includes the duties and tasks, as an integral part of the Romanian individual employment agreement.
Considering that each person may be employed in Romania only on the basis of a medical certificate, another precondition is related to carrying out the medical examination prior to concluding the individual employment agreement in Romania.
Pavel, Margarit and Associates Romanian Law Firm recommends to get in touch with a specialized lawyer in Labor law and civil in Romania to assist you regarding the drafting and/or reviewing the individual employment agreement and other related documents, as well as provide advice on any other obligations of the employer prior to hiring employees in Romania.
Relevant aspects during the performance of the Romanian employment agreement
The employer in Romania shall ensure that the employee has completed the employee safety and health procedure at the time of employment, as well as periodically throughout the employee’s work activity in Romania.
The purpose of the procedure is for the Romanian employee to acquire specific knowledge, develop safety skills at work and to be aware of the risks of the professional activity that is carried out.
Moreover, each employer in Romania shall ensure that it complies with the provisions of the General Data Protection Regulation (GDPR) in Romania.
Therefore, the employer shall implement appropriate GDPR technical and organizational measures and data protection policies and shall keep records of processing activity in order to justify their compliance in Romania.
Furthermore, Regulation no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation- GDPR) expressly provides for the situations in which the employer in Romania, as data controller or data processor, is obliged to appoint an internal data protection officer (DPO) or an external collaborator.
For the optimal operation of the business, the employer shall also ensure the operation of the human resources (HR) and payroll (payroll) activities necessary for each company in Romania.
To this end, the employer shall either organize specialized HR and payroll departments in Romania within the company or will outsource these services to specialized firms.
Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in Labor law, civil law and GDPR, who can provide legal advice on the relevant pre-employment aspects and obligations in Romania, as well as during the performance of the employment agreement and on the implementation of GDPR policies at work in Romania.
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