Work and Wages

Minimum Wage

Workers can’t be paid lower than the minimum wage which is the lowest remuneration that an employer should pay to the employee. If the normal work schedule is below 8 hours a day, the minimum gross hourly basic pay for a workeris computed by dividing the national minimum gross basic pay to the average number of monthly hours under the approved legal work schedule.

The minimum wage in Romania is determined by the Government after consulting the trade unions and employers’ organizations. Wages of an employee can also be set through collective agreement or an employment contract provided that these are not less than the minimum wage. The legislation does not set forth the criteria to be applied when setting minimum wage rates. The minimum wage set by the Government is applicable to all workers employed in public and private sectors.

If minimum wage of a worker is not determined through collective bargaining agreement, the employer can’t pay a worker below the national minimum gross hourly basic pay. For the employees to whom the employer, according to the collective work agreement or individual work contract, provides food, accommodation or other facilities, the amount in money due for the activity performed may not be lower than the national minimum gross wage provided for in the law.

According to Art. 254 of Labour Code of Romania, Specialized supervisory bodies of the Ministry of Labour and Social Solidarity, if necessary under the authorization of the respective Minister, ensure that minimum wage regulations are applied through the imposing of fines and other penalties. Setting a salary below these levels by means of an individual labour contract will be considered an offence and sanctioned with a fine. Labour inspectors have the main role in dealing with the complaints about wages.

Source: §164-165 & 260 of Labour Code No. 53/2003; Government Decision no.871 / 2013 on the guaranteed gross minimum wage published on 15 November 2013/H o t ă r â r e pentrustabilireasalariului de bază minim brut pețarăgarantatînplată

Regular Pay

The Labour Code allows employers to pay wages in kind except in the case of minimum wages. The in-kind payment of the part of wages may only be possible if it has been expressly provided for in the applicable collective work agreement or in the individual work contract.

The maximum wage period in Romania is one month and employers are required to pay wages to their workers on a pre-determined date as agreed in the collective agreement or individual employment contract or rules of procedure. Wages have to be paid in monetary form and may be paid by transfer into a bank account. The unjustified delay in paying the wage or its non-payment by the employer may entail the payment of damages in order to cover the prejudice of the employee. The wage are paid directly to the employee or to the person appointed by him/her. In case of employee’s death, the wage rights due until the date of death are paid, in order, to the surviving spouse, the adult children of the deceased or his/her parents. If there are no such categories of persons, the wage rights are paid to other heirs, under the terms of the ordinary law.

According to art. 277 of Labour Code of Romania, the failure to enforce a final judgment regarding the payment of the wages within 15 days from the date of the enforcement request submitted to the employer by the interested party shall be a criminal offence and shall be punished with a prison term from 3 to 6 months or a fine.

Source: § 150, 161, 162 & 261 of Labour Code No. 53/2003

Regulations on Work and Wages

  • Codul Muncii Nr 53/2003, impus in 2017 de Legea Nr. 53/2017 / Labour Code No. 53/2003 amended in 2017 by Law No. 53/2017

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