INDIVIDUAL EMPLOYMENT AGREEMENT
concluded and registered under no…………/ ……………… in the General Record of
Employees
A. The contracting parties
Employer – the legal entity ____________________________, based in
____________________________, registered with the Trade Register of Bucharest under no.
____________________________, fiscal code ____________________________,
telephone ____________________________, legally represented by Mr.
____________________________, as General Manager,
And
Employee – Mr./Mrs. …………………………………..…, residing at
……………………….…….., no. …., ……………………………. St., District …., holder of
ID card/passport series ….., no. ………….., issued by …………………… on …………..,
work permit no…………….issued on…………….., Personal Identification Number
…………………………
We have concluded this individual employment agreement under the following conditions, on
which we have agreed:
B. The object of the agreement: provision of work and payment of salary.
C. The duration of the agreement:
a) Non-determined, the employee …………………………………..…, will commence
employment on …………….;
b) determined,of ……… months, for the period between ……………….
and…………………..
D. Workplace
1.Employment will be carried out at ………………………….
2.In the absence of a fixed workplace, the employee will perform his responsibilities as
follows: …
………………….….
E. Type of work
Position/occupation ………………….., code …………., in accordance to the Romanian
Classification of Occupations.
F. Job duties
The job duties are set out in the job description, annex to the individual employment
agreement, except for micro-enterprises with up to 9 employees, defined in art.4 , paragraph
(1), letter a) of Law no.346/2004 regarding the stimulation of the establishment and
development of small and medium enterprises, with the subsequent modifications and
completions, which will complete a short characterization/ description of the
activity…………………………………………………
F1. The criteria for assessing the professional activity of the employee: the degree of
knowledge and implementation of the U.S. Food Network standards learned during the
training period, consisting in theoretical and practical periodic assessments.
G. Working conditions
1.The activity is carried out in accordance with the provisions of Law no. 31/1991
2.The activity performed is carried out under normal working conditions, according to
Law no. 263/2010 regarding the unitary system of public pensions, with subsequent
amendments.
H. The duration of the work
1. Full-time work, the duration of the working time is 8 hours/day, 40 hours/week
a) Distribution of working hours is as follows: UNEQUAL (hours per
day/night/unequal).
b) The working hours may be modified according to the internal regulations/ collective
labour contract applicable.
2. A part-time work of ………. hours /day, ……………. hours/week.
a) The distribution of the working hours is as follows: …………. (hours per day/night);
b) The working hours can be modified in terms of the internal regulations/collective
labour contract applicable.
c) No overtime will be performed, except in cases of force majeure or for other urgent
work meant to prevent accidents or the removal of their consequences.
I. Annual leave
The duration of the annual leave is of 21 working days.
Employee also benefits from an additional leave of ………………
J. Salary:
1. Gross monthly basic salary is: ………...RON
2. Other constituent elements:
a) Bonuses: a monthly bonus of RON 1 shall be granted, according to art. 137 (3) of
Law no. 53/2003, for the work performed on Saturdays and Sundays.
b) Allowances ..……………..
b1) Additional cash benefits……………………
b2) The manner of additional benefits in kind ………………………
c)Other bonuses…………….
3.Overtime performed outside the normal working hours or during rest days or legal
holidays
shall be compensated with paid free hours or shall
be paid with a bonus to the salary, according to the applicable collective labour agreement or
to Law no. 53/2003 – the Labour Code.
4.The date when the salary shall be paid is the 10th of the following
month…………………..
K. Rights and obligations of the parties concerning the occupational safety and health:
a) personal protective equipment
b) personal work equipment YES;
c) hygiene and sanitary materials YES;
d) protective nutrition
e) other rights and obligations concerning the occupational health and safety: The
employer must attend the periodic trainings in the field of occupational safety, in order to
appropriate itself the concepts listed and to sign the individual training sheet.
L. Other clauses:
a) probation period is 90 calendar days……………
b) the notice period in case of dismissal is of 20 business days, according to Law no.
53/2003 – the Labour Code.
c) the notice period in case of resignation is of 20 business days, according to Law no.
53/2003 – the Labour Code.
d) if the employee shall carry out his/her activity abroad, the information provided for
in art. 18 (1) of Law no. 53/2003 – the Labour Code, shall also be found in the individual
employment agreement;
e) other clauses: According to the Annex attached to this agreement.
M. Rights and obligations of the parties
1.The employee mainly has the following rights:
a) the right to salary for the work carried out;
b) the right to daily and weekly rest;
c) the right to annual leave;
d) the right to equal opportunities and treatment;
e) the right to occupational safety and health ;
f) the right to professional training, based on the addenda.
2.The employee mainly has the following obligations:
a) the obligation to perform the normal work or, as the case may be, to fulfil the duties in
accordance with the job description;
b) the obligation to comply with work discipline;
c) the obligation of fidelity towards the employer in fulfilling the job duties;
d) the obligation to comply with the measure of occupational safety and health within the
establishment;
e) the obligation to comply with the professional secrecy.
f) the obligation to comply with the rules established by the internal regulation of the
establishment and with the occupational safety standards.
3.The employer mainly has the following rights:
a) to rule provisions having a compulsory nature for the employee, under the reserve
of their legality;
b) to exercise the control on the manner of fulfilment of the job duties;
c)to establish the disciplinary infringements and to apply the appropriate sanctions, in
accordance with the law, with the applicable collective bargaining agreement and with the
internal regulation.
d)to determine the individual performance objectives of the employee
4.The employer mainly has the following obligations:
a) to give the employee a counterpart of the individual employment agreement,
before beginning his/her activity;
b) to grant the employee all the rights arising from the individual employment
agreements, the applicable collective bargaining agreement and the law;
c) to permanently ensure the technical and organisational conditions taken into
account upon the drafting of labour standards and the appropriate labour conditions.
c^) to inform the employee about the obligation to join a privately managed pension
fund;
d) to inform the employee on the labour conditions and issues concerning the
performance of labour relations;
e) to issue, upon request, a document certifying the applicant’s quality of employee,
namely the activity carried out, the duration, the salary, the seniority, the profession and the
speciality;
f) to ensure the confidentiality of the employee’s personal data.
N. Final provisions
The provisions of this individual employment agreement shall be supplemented by the
provisions of Law no. 53/2003 – the Labour Code and of the applicable Collective
Bargaining Agreement concluded at the employer level, registered under no. 338/01.11.2019
at the Territorial Labour Inspectorate of Bucharest.
Any amendment concerning the contractual clauses during the performance of the
individual employment agreement shall require the conclusion of an addendum to the
agreement, according to the legal provisions, except for the situations when such amendment
is expressly provided for by law.
This individual employment agreement was concluded in 2 original counterparts, one for
each party.
O. Any dispute between the conclusion, performance, amendment, suspension or
termination of this individual employment agreement shall be settled by the court with
material and territorial competence, in accordance with the law.
Employer, Employee,
___________________
GENERAL MANAGER, Signature……….
___________________ Date …………..
……………………….
On ……………………. this agreement shall terminate as per art. ………………..of Law no.
53/2003 – the Labour Code, following the completion of the legal procedure.
Employer,
…………………………
I have received a counterpart,
Employee’s signature…………………..
Date ……………..