The Hiring Process

The hiring process is essential for any company, and while it may seem straightforward at first glance, it must comply with current legislation and follow a series of well-defined steps. Employers must pay close attention to the legal obligations associated with hiring individuals to avoid fines that may be imposed following inspections by the Territorial Labor Inspectorate (ITM).

Every company should be aware of its legal obligations and the essential steps that need to be followed in the hiring process.

 Required Hiring Documents

After the selection process concludes, the employer must complete all necessary formalities for hiring the selected individual. Once the candidate receives the job offer, they are contacted by the company to schedule a medical examination, which is the first step in the actual hiring process.

The next step involves scheduling the candidate to sign the employment contract.

At the contract signing, the future employee must present the following documents in copy:

– Identity card
– Birth certificate
– Education certificate/diploma
– Medical certificate proving the employee is fit to work

In addition to these mandatory documents, companies may also request documents from the previous employer, such as the termination decision, seniority certificate, or a certificate of contribution to social security (CAS).

Another document that companies may request, depending on the position to be filled, is a criminal record.

If the candidate will occupy a position that requires proof of completing a certain course, they must also present the certificate confirming the course completion, in addition to the education diploma.

All documents requested by the employer must be presented in copy, not the original.

 Registering the Contract in REVISAL

The signed employment contract must be sent to the Territorial Labor Inspectorate (ITM) and registered in REVISAL no later than the day before the new employee starts work. REVISAL is an application provided to employers by the Labor Inspection for registering the conclusion, modification, suspension, or termination of employment contracts. REVISAL stands for the “General Register of Employees,” which includes all ongoing individual employment contracts.

The following data must be transmitted to REVISAL by the employer:

– Identification data of the employer (individual or private legal entity, or public institution/authority/other legal entity employing personnel under an individual employment contract), such as: name, unique identification code (CUI), fiscal identification code (CIF), registered office, and the name and surname of the legal representative for legal entities, or name, surname, personal numerical code (CNP), domicile for individuals;
– Identification data of the employee, such as: name, surname, personal numerical code (CNP), citizenship, and country of origin;
– Date of signing the individual employment contract and date of starting the activity;
– Position/occupation according to the Romanian Occupation Classification (COR) or other normative acts;
– Type of individual employment contract;
– Duration of the individual employment contract, i.e., indefinite/definite period;
– Working time duration and distribution, in the case of part-time individual employment contracts;
– Monthly gross base salary, allowances, bonuses, and other benefits as provided in the individual employment contract or, where applicable, in the collective employment contract;
– Identification data of the user, in the case of temporary employment contracts.

 Information that the Employment Contract Must Contain

First and foremost, the employment contract must clearly specify the type of contract being concluded between the employee and employer, whether it is an individual employment contract for a definite period, in which case the period is specified, indefinite period, or temporary employment contract.

There are also situations where the employment contract may have an uneven work profile, which means night work hours, or part-time work, in which case the work schedule must be specified, 4 or 6 hours of work per day, as well as the time interval during which the employee will carry out the activity.

Additionally, if work is done on weekends, the weekend bonus should be included in the contract. Shift work should also be specified from the beginning in the contract.

The contract should also specify company data, employee data, position, the period when the contract takes effect, salary, bonuses, and other additional clauses.

Any modification to the employment contract that occurs during the employment must be made through an addendum, which is signed by both parties. The same applies to a fixed-term employment contract when the period is extended.

At the same time, the clauses of the individual employment contract must comply with the provisions of the collective employment contract (concluded at the company level or branch level) and labor and social protection legislation.

 What the Hiring Folder Must Contain Besides the Employment Contract

After all the necessary hiring documents have been presented to the employer, the actual employment contract is drafted, which will be written in two copies, one for the employer and one for the employee. The same procedure applies to the job description, which is also a mandatory document that must be prepared upon hiring.

If employers offer employees the possibility of telecommuting, this form of activity must be stipulated in an addendum to the employment contract.

The hiring file may also include a confidentiality agreement imposed by the company on the employee. This clause depends significantly on the position the employee will occupy within the company.

On the same day the employment contract is signed, the employer must also fulfill the formalities regarding the new employee’s safety and health training (SSM), as well as fire prevention and extinguishing training (PSI). For temporary employment contracts, the general training will be conducted by the temporary employment agency, while the user will provide specific training at the workplace.

 The Probation Period Varies Depending on the Type of Employment Contract

It is mandatory for the probation period to be specified in the employment contract, and it must be communicated to the employee when signing the contract.

The probation period also varies depending on the employment contract. For an indefinite-term individual employment contract, the probation period is 90 calendar days for a non-managerial position and 120 calendar days for a managerial position.

According to the Labor Code, an employee with a fixed-term individual employment contract may be subject to a probation period, which shall not exceed:

– 5 working days for a contract duration of less than 3 months;
– 15 working days for a contract duration between 3 and 6 months;
– 30 working days for a contract duration of more than 6 months;
– 45 working days for employees in managerial positions, for a contract duration of more than 6 months.

For a temporary employment contract, the probation period varies depending on the contract duration. Thus, for a contract concluded for one month, the probation period is 2 working days; for a contract between one month and three months, the probation period is 5 working days; for a contract between three and six months, the probation period is 15 days; and for contracts exceeding six months, the probation period is 20 working days.