Are you a non-EU migrant worker in Timișoara? Learn your rights!

1.

Problems with understanding job tasks according to the Individual Employment Contract (CIM)
The Individual Employment Contract (CIM) is signed in Romanian. It is recommended to request a translation in a language you understand in order to know all the rights and obligations provided in the document. Also, make sure you receive a signed copy of the contract. The employment contract must be accompanied by the job description – this clearly specifies the tasks you are expected to carry out (specific obligations and responsibilities).

2.

Issues with salary payment, leave, overtime, rest time, etc.
It is important to ensure that working hours, rest time, and leave are respected according to current legislation. Check the clauses in your employment contract and discuss with your employer if you have any concerns. The right to rest and vacation is essential for your well-being. The employer must pay your salary on the date specified in the employment contract every month.

3.

Withholding of documents by the employer or recruitment agency
Do not give your identification documents (passport), employment contract, or other personal documents to anyone. The employer has no right to retain them. Always keep your documents safe and make copies in case of emergency.

4.

Uncertainties regarding medical leave
You are entitled to medical leave if you have contributed to health insurance for at least 6 months in the last 12 months. The family doctor or specialist decides whether you qualify for medical leave. If you are caring for a minor child, you are entitled to a number of days of medical leave when the child is ill. Depending on the medical diagnosis, between 65% and 100% of your salary may be reimbursed during medical leave.

5.

Workplace accidents
If you are temporarily unable to work due to a workplace accident, you can request a temporary incapacity allowance, compensation for lost income, and reimbursement of medical expenses from your employer or insurance. The employer is obliged to report the accident to the Labor Inspectorate (ITM) within 24 hours if it results in incapacity to work or death.

6.

Resignation procedure
Resignation must be submitted in writing to the employer, respecting the notice period stated in the employment contract (usually between 15 and 30 days). This period can be negotiated by mutual agreement. The notice period is mandatory unless the employer and employee agree otherwise. If you do not respect the notice period, the employer may request compensation.

In the first 12 months of a migrant’s employment, termination of the employment contract requires the agreement of both parties (employee and employer). Within 90 days, the migrant must find a new job in order to maintain the right to remain in Romania. The new employer may hire the person without needing a new work permit but must notify the General Inspectorate for Immigration (IGI) about the employment.

7.

Termination of the employment contract
The employer is obliged to issue a written decision to terminate the Individual Employment Contract (CIM) when the collaboration ends, whether through resignation or dismissal.
This decision must be in writing and specify the termination date, the reason (if applicable), and the legal basis for termination. The employer must also communicate it to the employee and register it with the competent authorities, as per the Labor Code.

8.

Leaving the job to work in another country
If you leave your job for another one in a different country, you must do so legally, by resigning according to the procedures in labor legislation. The resignation must be submitted in writing to your employer, respecting the notice period in your employment contract.

9.

Right to work in Romania vs. right to work in EU countries
Having the right to work in Romania does not automatically grant you the right to work in the Schengen area or the European Union. Each EU country has its own regulations regarding access to the labor market, and in order to work in another EU or Schengen country, you need to obtain the appropriate work authorization for that country.

If the employer provides accommodation, the living conditions must be decent, meeting minimum hygiene and comfort standards. The accommodation must offer a safe and healthy environment, without endangering the employee’s health and well-being. The employer is obliged to comply with the legal regulations in force regarding living conditions.

10.

Employee rights
Personal life, free time, and how an employee chooses to spend their time outside of working hours are fundamental rights that cannot be dictated or influenced by the employer.

11.

Abusive behavior
The employer may not use violence, blackmail, or any form of abuse to force the employee to perform job tasks. Any abusive behavior is prohibited by labor law and can lead to legal sanctions. The employer is obligated to create a respectful and safe work environment for all employees.

12.

Illegal travel to another country
If you travel illegally to another country, you risk losing your right to stay in Romania and being deported. Romanian and EU/Schengen authorities may impose severe sanctions, including a ban on re-entry into those countries for a specific period.

13.

Workplace safety instructions
Pay attention to following workplace safety instructions. Information about these rules must be communicated in a language you understand to ensure you correctly comprehend safety and accident prevention measures. The employer is required to provide appropriate and clear information in a language the employee understands.

14.

Obligation to comply with Romanian laws
You are required to obey all laws in Romania. Not knowing a law does not exempt you from responsibility. It is important to stay informed through official channels, organizations, or trusted sources to be aware of applicable legal regulations.