Template: the foreign worker's individual employment contract

The foreign worker's individual employment contract is the third framework template approved by Order MMFTSS no. 655/26.05.2026 (Official Gazette no. 484 of 11 June 2026) — Annex no. 3. It is concluded between the employer and the foreign worker, under art. 10 et seq. of the Labour Code, OUG no. 32/2026 and the firm job offer, and it is registered in REGES-ONLINE.

What sets it apart from an ordinary employment contract

• Mandatory bilingual drafting: in Romanian and, as the case may be, in the language of the country of origin or in an international language the foreigner understands; where it is drafted in several languages, the Romanian version is the legally authentic one (art. 3 of the order).
• Use of the framework template is mandatory, under penalty of absolute nullity of contracts that do not contain the mandatory elements; additional specific clauses remain permitted by negotiation (art. 2 of the order).
• Moment of conclusion: before obtaining the long-stay visa for employment, respectively the residence permit for work purposes (art. 4 para. (2) of the order).
• Special clauses for the foreign worker (chap. XVII): the prohibition on changing employer for 6 months from the start of the activity registered in REGES-ONLINE (except for serious breaches by the employer), change only through the placement agency for up to 2 years, the employer's right to recover the investments in Romanian language courses, accommodation and transport if the 6-month period is not respected (art. 40 para. (9) of OUG 32/2026).
• Mandatory Romanian language courses (chap. XVII, art. 17): minimum 6 months from the registration of the activity in REGES-ONLINE, at least 6 hours per week, with elements of cultural and social integration — with fields for the provider, form of organisation and schedule.
• Rent cap: if the employer provides accommodation, the rent withheld from the salary cannot exceed 25% of the worker's net salary (chap. XII).
• Notification obligations: the employer notifies the placement agency and IGI within 5 working days about an unjustified absence of more than 3 consecutive working days, the termination of the contract or situations of danger/exploitation (art. 18).

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Framework template: THE FOREIGN WORKER'S INDIVIDUAL EMPLOYMENT CONTRACT

no. ..... of ........

Concluded under art. 10 et seq. of Law no. 53/2003 — the Labour Code, republished, as subsequently amended and supplemented, of Government Emergency Ordinance no. 32/2026 on the access of foreigners to the Romanian labour market, as well as for amending and supplementing certain normative acts, and of the firm job offer.

I. The contracting parties

1. The employer — legal person / authorised natural person

Name: .........., registered with the trade register under no. .........., unique registration code .........., with registered office/domicile in .........., street .......... no. ....., county/district .........., telephone .........., e-mail .........., legally represented by Mr/Ms .........., in the capacity of .........., hereinafter referred to as the employer

2. The employee — the foreign worker

Surname and first name: .........., citizenship: .........., date of birth: .........., place of birth: .........., identity document/passport series ..... no. ....., issued by .......... on .........., valid until .........., domicile in Romania: .........., street .......... no. ....., county/district .........., domicile in the country of origin: .........., residence permit for work purposes no. .........., valid until .........., personal numerical code (if any): .........., hereinafter referred to as the employee

II. Object of the contract

Article 1

The employer employs the employee in the position/occupation of .........., COR code .........., within the department/section .........., at the workplace located in .........., street .......... no. ....., county/district ..........

III. Duration of the contract

Article 2

(1) The individual employment contract is concluded for: an indefinite period [ ]; a fixed term [ ], of .......... months/days, from .......... until ..........

(2) The employee is to start work on ..........

(3) The probation period is .......... working days, according to art. 31 of Law no. 53/2003 — the Labour Code, republished, as subsequently amended and supplemented.

IV. The workplace

Article 3

(1) The activity is carried out at: .......... (full address of the workplace).

(2) The activity involves travel: [ ] yes [ ] no; details: ..........

V. Type of work

Article 4

The employee will carry out the activities set out in the job description, which is an integral part of this contract, in compliance with the qualification requirements, as applicable: ..........

VI. Working time

Article 5

(1) The normal working time is .......... hours/day and .......... hours/week.

(2) The distribution of working time is uniform [ ] / unequal [ ].

(3) The work schedule is as follows: .......... – .........., with a meal break of .......... minutes.

(4) The minimum daily rest consists of: .......... consecutive hours.

(5) The weekly rest consists of: ..........

(6) Overtime is compensated according to art. 122 and 123 of Law no. 53/2003 — the Labour Code, republished, as subsequently amended and supplemented. The agreed form of compensation is the following: ..........

VII. Leave

Article 6

(1) The duration of the paid annual rest leave is .......... working days.

(2) The employee also benefits from leave according to the legislation in force (sick leave, maternity/paternity leave, unpaid leave etc.).

(3) The rest leave allowance is calculated according to art. 150 of Law no. 53/2003 — the Labour Code, republished, as subsequently amended and supplemented.

VIII. The salary

Article 7

(1) The gross monthly base salary is .......... lei.

(2) The net monthly salary is .......... lei.

(3) The hourly rate is .......... lei.

(4) The salary is paid on the .......... day of the month, into the employee's bank account, account no. .........., opened at ..........

(5) The applicable guaranteed gross national minimum salary is .......... lei, according to Government Decision no. ....../...... in force on the date of signing the contract.

(6) The employee benefits from the following bonuses:

a) seniority bonus: ..........%;

b) bonus for night work: ..........%;

c) other bonuses: ..........

(7) Other benefits are the following: ..........

(8) The applicable collective labour agreement is the following: ..........

IX. Enforcement against salary rights

Article 8

Salary rights may be subject to enforcement under the conditions and within the limits provided by the Code of Civil Procedure and other applicable legal provisions.

X. Taxes, duties and contributions

Article 9

(1) The employer is obliged to withhold and transfer to the budget the income tax and the social contributions owed by the employee, according to the tax and social insurance legislation in force.

(2) The amount of the contributions is as follows:

a) income tax: ..........% (withheld at source by the employer);

b) social insurance contribution (CAS): ..........%;

c) health insurance contribution (CASS): ..........%;

d) other contributions: ..........

(3) The applicable double taxation avoidance convention is the following: ..........

(4) The applicable convention on the avoidance of double social contributions is the following: ..........

XI. Occupational safety and health

Article 10

(1) The employer is obliged to provide the employee with occupational safety and health conditions, according to the Occupational Safety and Health Law no. 319/2006, as subsequently amended and supplemented.

(2) Individual protective equipment is provided by the employer: [ ] yes [ ] no.

(3) The type of activity is: normal [ ] / particular [ ] / special [ ].

(4) The employee will undergo a medical examination upon employment and periodically, according to the legislation in force.

XII. Provision of accommodation and transport

Article 11

(1) Accommodation will be: provided by the employer [ ] / the employee's responsibility [ ]

• Accommodation conditions: ..........
• Address of the accommodation: ..........
• Cost of accommodation (if borne by the employee): .......... lei/month
• Meals are: provided by the employer [ ] / the employee's responsibility [ ]

Where accommodation is provided by the employer, the cost of the rent withheld from the employee's salary cannot exceed 25% of their net remuneration/net salary. The agreed amount of the rent is: .......... lei/month, representing ..........% of the net salary.

(2) Transport is provided as follows:

• transport from the country of origin to Romania: provided by the employer [ ] / the employee's responsibility [ ];
• transport from the accommodation to the workplace: provided by the employer [ ] / the employee's responsibility [ ];
• repatriation conditions (including in case of occupational disease, work accident or death): ..........

XIII. Compensation in case of occupational disease, work accident or death

Article 12

The employer insures the employee for the risks of work accidents and occupational diseases, under Law no. 346/2002 on insurance for work accidents and occupational diseases, republished, as subsequently amended and supplemented.

XIV. General rights and obligations of the employer

Article 13

The employer mainly has the following rights and obligations:

a) to establish the duties corresponding to the position, under the law;

b) to exercise control over the manner in which work duties are fulfilled;

c) to establish disciplinary offences and apply the corresponding sanctions, according to the law, the applicable collective labour agreement and the internal regulations;

d) to grant the employee all the rights deriving from the law, from the collective labour agreement and from the individual employment contract;

e) to permanently ensure the technical and organisational conditions considered when drawing up the work standards;

f) to inform the employee about the working conditions and the elements concerning the conduct of the employment relationship;

g) to issue, upon request, all documents attesting the applicant's status as employee;

h) to ensure the confidentiality of the employee's personal data;

i) not to withhold the employee's identity documents and not to restrict their freedom of movement outside working hours.

XV. General rights and obligations of the employee

Article 14

The employee mainly has the following rights and obligations:

a) the right to remuneration for the work performed;

b) the right to daily and weekly rest;

c) the right to annual rest leave;

d) the right to equal opportunities and treatment;

e) the right to dignity at work;

f) the right to occupational safety and health;

g) the right of access to professional training;

h) the obligation to fulfil the work standard or, as the case may be, the duties set out in the job description;

i) the obligation to observe work discipline;

j) the obligation of loyalty to the employer in performing work duties;

k) the obligation to observe the occupational health and safety measures in the unit;

l) the obligation to inform the employer as soon as they become aware of irregularities, deviations or dangers that may affect the activity;

m) the obligation to observe the Romanian legislation in force throughout the stay on Romanian territory.

XVI. Criteria for evaluating the foreigner's professional activity

Article 15

The criteria for evaluating the foreigner's professional activity are the following: ..........

XVII. Special clauses regarding the foreign worker

Article 16

(1) The employee — the foreign worker referred to in art. 27^2 of Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, as subsequently amended and supplemented, may not initiate a change of employer for a period of 6 months from the date of starting the activity on Romanian territory, registered in REGES-ONLINE. The date of registration in REGES-ONLINE is the following .........., according to art. 40 para. (2) of Government Emergency Ordinance no. 32/2026.

(2) By way of exception, the employee may initiate a change of employer before the 6-month period in justified cases of serious breach by the employer of the contractual clauses or the employment relationship, according to art. 40 para. (3) of Government Emergency Ordinance no. 32/2026.

(3) If the 6-month period is not respected, the employer may recover the amounts invested in Romanian language courses, accommodation and transport, according to art. 40 para. (9) of Government Emergency Ordinance no. 32/2026.

(4) After the expiry of the period referred to in para. (1) and (2), the foreigner may change employer only through the placement agency that is a party to the placement contract, until 2 years have elapsed from the date of starting the activity on Romanian territory, registered in REGES-ONLINE.

Article 17

The employer undertakes to provide the employee with Romanian language courses that also include elements of cultural and social integration, for a period of at least 6 months from the date of registration of the activity in REGES-ONLINE, with a duration of at least 6 hours per week, according to art. 7 para. (1) let. g) of Government Emergency Ordinance no. 32/2026. Form of organisation: ..........; provider/institution: ..........; course schedule: ..........

Article 18

The employer notifies the placement agency and the General Inspectorate for Immigration (IGI), within 5 working days from the date of the finding, about: (i) the employee's unjustified absence for more than 3 consecutive working days; (ii) the termination of this individual employment contract; (iii) any situation in which the employee is in danger or subject to exploitation, according to art. 7 para. (1) let. e) of Government Emergency Ordinance no. 32/2026.

XVIII. Other clauses

Article 19

(1) The notice period in case of dismissal is .......... working days, according to Law no. 53/2003 — the Labour Code, republished, as subsequently amended and supplemented, or the applicable collective labour agreement, as the case may be.

(2) The notice period in case of resignation is .......... working days, according to Law no. 53/2003 — the Labour Code, republished, as subsequently amended and supplemented, or the applicable collective labour agreement.

(3) Other clauses are the following: ..........

XIX. Final provisions

Article 20

(1) This individual employment contract is supplemented by the provisions of Law no. 53/2003 — the Labour Code, republished, as subsequently amended and supplemented, by the applicable collective labour agreement and by the employer's internal regulations.

(2) Any amendment to this individual employment contract is made by addendum, under the law.

(3) This individual employment contract is registered in the General Register of Employees — REGES-ONLINE, according to Government Decision no. 295/2025 on the General Register of Employees — REGES-ONLINE, as subsequently amended.

(4) Disputes concerning the performance, amendment, suspension or termination of this individual employment contract fall within the jurisdiction of the ordinary courts with jurisdiction over labour disputes.

(5) This contract was drawn up in .......... original copies, one for each contracting party.

I have received an original copy of this individual employment contract.

Employee's signature: .......... Date: ..........

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The text of the framework template is taken from Annex no. 3 to Order MMFTSS no. 655/26.05.2026, published in Official Gazette no. 484 of 11 June 2026. Always check the version in force on the date of use.