Posted Workers in Romania: What EU Employers Need to Know

As Romania continues to attract cross-border service providers, EU-based companies posting workers to Romania must comply with increasingly strict local and EU-level regulations. Directive (EU) 2018/957, amending the original Posted Workers Directive, has significantly reshaped the legal framework for postings across the EU.

What is a posted worker?

A posted worker is an employee sent by their employer to carry out a service in another EU country on a temporary basis. In Romania, such postings are governed by Law no. 16/2017, in conjunction with the Labour Code.

Key obligations for the home-country employer include:

1. Prior notification to the Romanian Labour Inspectorate (ITM) before the start of the posting, via the specific ‘Transnational Posting’ form.
2. Guaranteeing the minimum Romanian working conditions for the posted workers: including minimum wage[1], maximum working time[2], rest periods[3], health and safety standards.
3. Ensuring that employment documents (employment contract, payslips, records of working hours) are available at the workplace in Romania.

What are the risks of non-compliance?

Romanian labour authorities have stepped up inspections in key sectors such as construction, logistics, and industrial services. Fines can reach up to RON 200,000 for failure to notify ITM. In serious cases, authorities may suspend the company’s right to provide services in Romania.

How is this different from classic secondment?

Transnational posting is a distinct concept from secondment under the Romanian Labour Code (Articles 43–47). The maximum posting duration is 12 months (extendable to 18 months with justification). During the posting, the principle of ‘equal pay for equal work’ and the protection of the posted worker are strictly applied.

Practical steps to ensure compliance with Romanian regulations:

1. Submit the official notification of posting (in Romanian: formular de detașare transnațională) to the ITM territorial office where the service is provided, no later than the day before the effective activity begins.
2. Provide complete and accurate information in the notification: identity of the posted employee, duration, host company details, nature of services, and contact person in Romania.
3. Ensure the following documents are available at the Romanian worksite during the posting:
   1. copy of the employment contract or equivalent document;
   2. timekeeping records (daily timesheets);
   3. payslips and proof of salary payment.
4. Designate a representative in Romania (a natural or legal person) to liaise with the authorities during inspections.
5. Monitor compliance with Romanian working time and remuneration rules, including meal vouchers or allowances where applicable.
6. Keep evidence of payment of wages and social security contributions in the country of origin.

Conclusion:

To mitigate legal and financial risks, EU companies posting workers to Romania should align with national rules and proactively manage documentation, reporting and local obligations in collaboration with legal and payroll professionals.

1 – As of January 1, 2025, the gross minimum monthly wage in Romania is 4,050 RON, equivalent to approximately €814

2 – Under Romanian Labour Code, the standard working time is 8 hours per day and 40 hours per week. The maximum legal working time, including overtime, cannot exceed 48 hours per week, calculated as an average over a 4-month reference period, unless a collective agreement provides otherwise

3 – Workers in Romania are entitled to: (a) a minimum daily rest period of 12 consecutive hours between two working days, (b) a minimum weekly rest period of 48 consecutive hours, typically on weekends, and (c) a lunch break (not counted as working time unless otherwise agreed) if the daily work exceeds 6 hours.