The probation period is one of the most important steps in hiring a new employee in Romania. It allows both the employer and the employee to assess whether the new hire is a good fit for the job and the company. It is valid for both permanent and fixed-term contracts. 

Although the probation period is flexible, the Romanian Labor Code (Codul Muncii) strictly regulates it. In this article, we will cover some key aspects of the probation period in Romania.

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Definition of a Probation Period in Romania

Probation in Romania is a specific duration agreed at the beginning of the employment contract, during which the employer assesses the new employee’s professional skills, suitability for the position, and adaptation to the work environment, while the employee assesses whether the position, the employer, and the working conditions are what they expected. As per Article 31 of the Romanian Labour Code, this period must be stated in writing in the contract.

The purpose of the probationary period is to make the employment relationship more flexible, allowing for termination with less formalities.

Lengths of Probationary Periods in Romania

The probationary period duration is limited by the Romanian Labour Code and depends on the type of contract and the employee’s position. It is also specified in the employment contract and may not exceed the legal maximum.

Permanent or Indefinite Contracts

In case an employee is hired on a permanent  contract, the probation period can last up to:

  • 90 calendar days for executive or non-managerial positions.
  • 120 calendar days for managerial positions.

This difference allows a greater evaluation of higher-responsibility roles, taking into consideration the complexities of managerial positions. The probation period also begins on the first day of work. 

Fixed-term or Definite Contracts

Probation periods in a fixed-term employment contract are shorter as the length of employment is already limited. According to the Labour Code, the probation period cannot exceed:

Contract Type & DurationMaximum Probation Period
Fixed-term contract less than 3 months5 working days
Fixed-term contract of 3 to less than 6 months15 working days
Fixed-term contract over 6 months30 working days
Fixed-term contract for managerial positions45 working days

Legal Considerations for the Probation Period in Romania

In Romanian labour law, all types of employment contracts must be in writing and signed before work starts. If a probationary period is agreed, it must be stated in writing in the contract; otherwise, it has no legal effect.

During the probationary period, either the employer or the employee may terminate the employment contract by giving a shorter notice without giving a reason. However, the termination can’t be due to unlawful reasons such as discrimination, maternity, or being a member of a specific union. 

During the probation period, an employee is treated as a regular employee with all employee rights and responsibilities and is entitled to the regular salary and social security. The law prohibits re-hiring the same employee on a probationary period in the same role within 12 months of a previous one.

For indefinite-term contracts, when the employee is a disabled person, the probation period shall not exceed 30 calendar days. Part-time contracts are regulated by the same probation rules as for fixed-term contracts, but depend on the contract duration. 

Pay and Working Conditions

Probationary employees get all the regular labor rights, including minimum wage, working conditions, and all other statutory protections provided to any employee. As of 2025, the national gross minimum wage in Romania is RON 4,050 per month, about USD 928. During the probationary period, the employee cannot be paid less than the minimum wage. 

Working hours are calculated according to the same rules that apply to regular employees. Full-time work is generally 40 hours per week, or 8 hours per day, five days a week. Overtime is also calculated according to the regular rules. 

Contributions for social security, health insurance, and all other employment-related deductions must also be paid in full. Probationary employees are covered by health and safety regulations. They are subject to the same disciplinary procedures as any other employee and have to be registered with the Romanian labor authorities.

Termination and Notice

The probation period is characterised by the simplified termination rules. Either the employer or the employee can terminate the contract during this period without having to give a reason, and by a simple written notice.

No formal procedure is required for dismissals during probation, so there is no need to inform trade unions, provide severance pay, or initiate disciplinary proceedings. However, the employer should keep a written record of the performance/conduct issues to be able to defend themselves if the employee decides to challenge them in court. After the end of the probation period, the normal termination rules under the Labour Code apply, including notice periods and the need for a legal justification of termination.

Vacation / Holidays

Probationary workers in Romania have the right to annual leave and are entitled to it from the first day of work. The proportional calculation of the leave is made as for other employees. By law, the employee is entitled to at least 20 working days of paid vacation per year. If the probation period has been successfully completed, the employee is regularized, and they can use the vacation taken during probation.

Probationers are also entitled to public holidays, and the employer is obliged to grant a paid non-working day to the probationer. If the employee is to work on a public holiday, the employer is obliged to give them compensatory time off or additional payment.

Benefits of Probation Periods in Romania

Probationary periods are important because they give the employer and employee the chance to test each other before entering into a long-term relationship. This prevents future problems and ensures that the employer and employee are a good match.

  • For Employees

Probation allows the employee to test the new job before committing to a long-term contract. During this period, they have the opportunity to get to know their future colleagues, gain a clear understanding of the daily activities, work environment, and expectations tied to the role, and ultimately assess whether the position aligns with their abilities and long-term career goals.

During probation, the employees get the full legal rights of any employee and can simply leave with little to no notice.

  • For Employers

The probationary period allows employers to assess a new worker before making a long-term commitment. It provides a structured timeframe to monitor the employee’s performance, work habits, and overall attitude toward the role and responsibilities.

In addition, it helps employers evaluate how well the employee integrates with the team and fits into the company culture. Any issues or incompatibilities can be identified early, reducing the risk of offering a long-term position to someone who may not be the right match for the organization.

Employers also have the freedom to fire the candidate without a difficult legal process. There’s no need to provide legal reasons for termination, as long as the termination is not discriminatory.

Conclusion

In Romania, the probation period allows both sides of the employment contract to test the employment relationship and ensure that the position is the right fit. However, complying with its regulations can be complex.

If you are hiring remotely or expanding your business into Romania, you don’t have to deal with the local regulations and contract requirements. With Remote People, we take care of the contracts, compliance, and legal formalities, so you can grow your team hassle-free. 

Frequently Asked Questions

The Romanian law explicitly states that employment can not be terminated due to pregnancy. In case an employee is fired for this reason, the employer can be challenged in court.

No, the probationary period is optional. However, if used, it has to be agreed upon and included in the employment contract before the employee starts working.

Yes. The employee on probation is entitled to sick leave, under the same conditions as any other employee.