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Romania - Types of employment contracts


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Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC, has been amended in March 2011, as follows:
    - maximum 90 days for operational positions [previously: 30 days];
    - maximum 120 days for managerial positions for operational positions [previously: 90 days];

    With regard to the specific rules applicable to certain categories of workers, the following changes took place:
    - persons with disabilities: maximum 30 days (unchanged);
    - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
    - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
    During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

    - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
      (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
      (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
      (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 82 LC (former art. 80), as amended in March 2011

      The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
  • % of workforce under FTC: 1 %
    Remarks:
    • Source: Eurostat, for the year 2016.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC, has been amended in March 2011, as follows:
    - maximum 90 days for operational positions [previously: 30 days];
    - maximum 120 days for managerial positions for operational positions [previously: 90 days];

    With regard to the specific rules applicable to certain categories of workers, the following changes took place:
    - persons with disabilities: maximum 30 days (unchanged);
    - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
    - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
    During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

    - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
      (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
      (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
      (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 82 LC (former art. 80), as amended in March 2011

      The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
  • % of workforce under FTC: 1 %
    Remarks:
    • Source: Eurostat, for the year 2016.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC, has been amended in March 2011, as follows:
    - maximum 90 days for operational positions [previously: 30 days];
    - maximum 120 days for managerial positions for operational positions [previously: 90 days];

    With regard to the specific rules applicable to certain categories of workers, the following changes took place:
    - persons with disabilities: maximum 30 days (unchanged);
    - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
    - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
    During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

    - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
      (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
      (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
      (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 82 LC (former art. 80), as amended in March 2011

      The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
  • % of workforce under FTC: 1 %
    Remarks:
    • Source: Eurostat, for the year 2015.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC, has been amended in March 2011, as follows:
    - maximum 90 days for operational positions [previously: 30 days];
    - maximum 120 days for managerial positions for operational positions [previously: 90 days];

    With regard to the specific rules applicable to certain categories of workers, the following changes took place:
    - persons with disabilities: maximum 30 days (unchanged);
    - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
    - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
    During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

    - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
      (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
      (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
      (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 82 LC (former art. 80), as amended in March 2011

      The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
  • % of workforce under FTC: 1.1 %
    Remarks:
    • Source: Eurostat, for the year 2014.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC, has been amended in March 2011, as follows:
    - maximum 90 days for operational positions [previously: 30 days];
    - maximum 120 days for managerial positions for operational positions [previously: 90 days];

    With regard to the specific rules applicable to certain categories of workers, the following changes took place:
    - persons with disabilities: maximum 30 days (unchanged);
    - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
    - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
    During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

    - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
      (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
      (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
      (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 82 LC (former art. 80), as amended in March 2011

      The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
  • % of workforce under FTC: 1 %
    Remarks:
    • Source: Eurostat, for the year 2013.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC, has been amended in March 2011, as follows:
    - maximum 90 days for operational positions [previously: 30 days];
    - maximum 120 days for managerial positions for operational positions [previously: 90 days];

    With regard to the specific rules applicable to certain categories of workers, the following changes took place:
    - persons with disabilities: maximum 30 days (unchanged);
    - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
    - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
    During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

    - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 82-87 LC. (former Arts. 80-86)
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 83 LC (former art. 81), as amended in March 2011 provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in March 2011:
      (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
      (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
      (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.

  • Maximum cumulative duration of successive FTCs: 36 month(s)
    Remarks:
    • Art. 82 LC (former art. 80), as amended in March 2011

      The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended in specific cases (up to the finalization of a project, programme or works) subject to the parties' written consent. (Art. 82.3 LC)
  • % of workforce under FTC: 1.9 %
    Remarks:
    • Source: Eurostat, as of second trimester 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

NOTE: This information has changed since the previous period covered.
Remarks:
  • NEW:
    Art. 31 LC, has been amended in March 2011, as follows:
    - maximum 90 days for operational positions [previously: 30 days];
    - maximum 120 days for managerial positions for operational positions [previously: 90 days];

    With regard to the specific rules applicable to certain categories of workers, the following changes took place:
    - persons with disabilities: maximum 30 days (unchanged);
    - higher-education graduates: the new provision now provides that the first 6 months of work are considered internship (and not any more a probationary period).
    - unskilled workers: that maximum probationary period of 5 days for unskilled workers previously provided by art. 31(3) LC has now been removed from that provision.
    During or at the end of the probation period, either party can terminate the employment contract by a written notification with no previous notice and no justification is needed for it.

    - Art. 85 LC (former Art. 83) establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 82-87 LC.(former Arts. 80-86)
  • Valid reasons for FTC use: objective and material reasons
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Art. 83 LC(former art. 81), as amended in 2011 provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase and/or modification of the employer's work structure. [previously: temporary increase of the employer's activity];
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases explicitly provided in special laws or for the development of works, projects or programmes. [previously: in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.]
  • Maximum number of successive FTCs: 3
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • NEW:
      Art. 82(3),(4), (5) LC (former art. 80(3), (4),(5)) as amended in 2011:
      (3) The individual fixed term employment contract can be also extended in circumstances provided in art. 81 after the initial deadline expires, with the parts written agreement during the time period of developing a project, programme or work.
      (4) The same parts can sign successively no more than 3 individual employment contracts on fixed term.
      (5) The individual employment contracts on fixed term concluded within 3 months from the termination of an employment contract on fixed term are considered successive contracts and cannot be longer than 12 months each.
  • Maximum cumulative duration of successive FTCs: 36 month(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Art. 82 LC (former art. 80), as amended

      The maximum cumulative duration of fixed-term employment contract has increased from 24 to 36 months. However this 36 month period can be extended, for the motives related to the developing of a project, programme or works, subject to the parties' written consent. (Art. 82.3 LC)
  • % of workforce under FTC: 1.5 %
    Remarks:
    • Source: Eurostat, annual average for 2011.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC:
    - maximum 30 days for operational positions;
    - maximum 90 days for managerial positions.
    (In addition, specific rules applies to certain categories of workers:
    - persons with disabilities: maximum 30 days;
    - unskilled workers: maximum 5 working days;
    - higher-education graduates: maximum 6 months.)


    - Art. 83 LC also establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 80-86 LC.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 81 LC provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase of the employer's activity;
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 80(3) and (4) LC:
      (3) An individual employment contract of limited duration may be extended beyond its original end date, with the written agreement of the parties, but only within the deadline provided for in Article 82 [24 months] and no more than two times consecutively.
      (4) The same parties may successively conclude at most 3 individual employment contracts of limited duration, but only within the deadline provided for in Article 82 [24 months].
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Arts. 80 and 82 LC:
      Maximum duration of one single FTC or maximum cumulative duration of successive FTCs: 24 months.
      In the case of an FTC concluded for the replacement of an employee whose individual employment contract has been suspended, the contract shall end when the reasons determining the suspension of the contract of that employee have ceased to exist.
  • % of workforce under FTC: 1.1 %
    Remarks:
    • Source: Eurostat, annual average for 2010.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 90 day(s)

Remarks:
  • Art. 31 LC:
    - maximum 30 days for operational positions;
    - maximum 90 days for managerial positions.
    (In addition, specific rules applies to certain categories of workers:
    - persons with disabilities: maximum 30 days;
    - unskilled workers: maximum 5 working days;
    - higher-education graduates: maximum 6 months.)


    - Art. 83 LC also establishes statutory probationary periods for employees hired under a fixed-term contract, as follows:
    - 5 working days, for a FTC of less than 3 months;
    - 15 working days, for a FTC between 3 and 6 months;
    - 30 working days, for a FTC exceeding 6 months;
    - 45 working days, in the case of employees holding management positions, hired under a FTC for more than 6 months.

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Arts. 12 LC, arts. 80-86 LC.
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 81 LC provides that FTC can only be concluded in the following instances:
      a) replacement of an employee when his/her work contract has been suspended, unless that employee participates in a strike;
      b) temporary increase of the employer's activity;
      c) performance of a seasonal activity;
      d) when it has been concluded under legal provisions issued in order to temporarily benefit certain categories of unemployed persons;
      d1) employment of a person who, within 5 years from the date of employment, fulfils the old age retirement conditions;
      d2) filling in an elective position within trade unions, employers' organizations or non-governmental organizations, during the mandate;
      d3) employment of retired persons who, under the terms of the law, may cumulate the retirement benefit with the wage;
      e) in other cases expressly provided for in special laws or for the achievement of works, projects, programs, under the terms established in the collective work agreement concluded at national level and/or at branch level.
  • Maximum number of successive FTCs: 3
    Remarks:
    • Art. 80(3) and (4) LC:
      (3) An individual employment contract of limited duration may be extended beyond its original end date, with the written agreement of the parties, but only within the deadline provided for in Article 82 [24 months] and no more than two times consecutively.
      (4) The same parties may successively conclude at most 3 individual employment contracts of limited duration, but only within the deadline provided for in Article 82 [24 months].
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • Arts. 80 and 82 LC:
      Maximum duration of one single FTC or maximum cumulative duration of successive FTCs: 24 months.
      In the case of an FTC concluded for the replacement of an employee whose individual employment contract has been suspended, the contract shall end when the reasons determining the suspension of the contract of that employee have ceased to exist.
  • % of workforce under FTC: 1 %
    Remarks:
    • Source: Eurostat, annual average for 2009.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."