CHAPTER 1 - Scope
Art. 1. - (1) The present code shall regulate all the individual and collective labour relationships, the manner in which the control of the implementation of labour relationships regulations takes place, as well as labour jurisdiction.
(2) The present code shall also apply to the labour relationships regulated by special laws, unless the latter contain derogatory specific provisions.
Art. 2. - The provisions contained in the present code shall apply to:
a) Romanian citizens who are employed based on an individual labour contract and who work in Romania;
"b) Romanian citizens employed on individual labour contracts and who carry out their activities abroad, based on contracts concluded with a Romanian employer, except when the legislation of the state on the territory of which the individual labour contract is being performed is more favourable;"**)
c) foreign or stateless citizens employed on an individual labour contract, who work for a Romanian employer on the territory of Romania;
d) persons who have acquired the refugee status and are employed on an individual labour contract on the territory of Romania, according to the law;
e) apprentices who work based on an on-the-job apprenticeship contract;
f) employers who are natural or legal entities;
g) trade union or employers organisations.
CHAPTER II - Fundamental principles
Art. 3. - (1) The freedom to work shall be guaranteed by the Constitution. The right to work shall not be restricted.
(2) All persons shall be free to choose their work place and profession, trade, or activity to carry out.
(3) No one may be forced to work or not in a certain work place or profession, whatever that might be.
(4) Any labour contract concluded in violation of the provisions of paragraphs (1)-(3) shall be rightfully null.
Art. 4. - (1) Forcible work shall be prohibited.
(2) The term forcible work shall designate all work or service imposed onto a person under threat or for which the person has not given his/her free consent.
(3) The following work or activity imposed by the public authorities shall not be seen as forcible work:
a) based on the law concerning the mandatory military service;
b) when meeting the civic obligations set up by the law;
c) based on a court decree of conviction, which was final, according to the law;
d) in a force majeure, i.e. in the event of a war, catastrophe or risk of catastrophe such as: fires, floods, earthquakes, violent human or animal epidemics, animals or insects invasions, and, in general, under all circumstances jeopardising life or the normal living conditions of most of the population or part of it.
Art. 5. - (1) Within the work relationships, the principle of the equal treatment for all employees and employers shall apply.
(2) All direct or indirect discrimination towards an employee, based on criteria such as sex, sexual orientation, genetic characteristics, age, national origin, race, colour of the skin, ethnic origin, religion, political options, social origin, disability, family conditions or responsibilities, trade union membership or activity, shall be prohibited.
(3) A direct discrimination shall be represented by any actions and acts of exclusion, differentiation, restriction, or preference, based on one or several of the criteria stipulated under paragraph (2), the purpose or effect of which is the failure to grant, the restriction or rejection of the recognition, use, or exercise of the rights stipulated in the labour legislation.
(4) An indirect discrimination shall be represented by actions and facts apparently based on criteria other than those stipulated under paragraph (2), but which cause the effects of a direct discrimination to take place.
Art. 6. - (1) Any employee who performs a work shall benefit from adequate work conditions for the activity carried out, social protection, labour safety and health, as well as the observance of his/her dignity and conscience, with no discrimination.
(2) All employees who perform a work shall have their right to equal payment for equal work, their right to collective negotiations, their right to personal data protection, as well as their right to protection from unlawful dismissal, recognised.
Art. 7. - Employees and employers may associate freely for the defence of their rights and the promotion of their vocational, economic, and social interests.
Art. 8. - (1) Labour relationships are based on the principle of consensus and good faith.
(2) To ensure a proper progression of labour relationships, the participants in labour relationships shall inform and consult one another, in compliance with the law and the collective labour contracts.
Art. 9. - The Romanian citizens shall be free to be employed in member countries of the European Union, as well as in any other state, provided they comply with the norms of international labour law and the bilateral treaties Romania has adhered to.
