Attorney at LawDavid EmiliaPartner — SCP Peticaru, David & Asociații

Employer documentation

Employer documentation is an essential element in managing employment relationships and complying with the obligations provided for by the Labour Code. Individual employment contracts, addenda, internal regulations, job descriptions, employer decisions and the other documents specific to employment legislation produce direct legal effects on the rights and obligations of the employer and the employees.

Properly preparing employer documentation contributes to the efficient organisation of the activity, compliance with legal obligations and the prevention of employment disputes. Incomplete, outdated or improperly drafted documentation may give rise to employment disputes, difficulties in managing staff and sanctions imposed by the competent authorities. For this reason, each document must be adapted to the activity carried out, the organisational structure and the requirements imposed by employment legislation.

Whether it concerns hiring an employee, amending the individual employment contract, reorganising the activity, a disciplinary investigation or the termination of employment relationships, the documents must be drafted and updated according to the particular features of each employer and the legislative changes that have occurred. Individual employment contracts, addenda, internal regulations, job descriptions and the other personnel documents must correctly reflect the way in which the activity is organised and carried out.

Although numerous document templates are available online, they are of a general nature and, in most cases, do not meet the specific needs of each company. Properly drafted legal documentation provides the employer with a clear legal framework for managing employment relationships, reduces the risk of disputes and helps to comply with the obligations provided for by employment legislation.

Services for employers

  • Individual employment contracts (CIM) – The individual employment contract (CIM) is the document that establishes the legal relationship between the employer and the employee, as well as their rights and obligations. The service includes drafting individual employment contracts in accordance with the Labour Code, adapted to the position, the field of activity and the way the employer is organised. The contracts may include confidentiality, non-competition, mobility, teleworking and other clauses necessary to protect the employer's interests.
  • Addenda – Addenda to the individual employment contract are required where there are changes concerning the position, salary, place of work, working hours or other essential elements of the employment relationship. The documents are drafted in compliance with the Labour Code, so that the changes are valid and correctly reflected in the relationship between the employer and the employee.
  • Internal regulations – The internal regulations set out the rules applicable within the company concerning the organisation of the activity, work discipline, the rights and obligations of employees, occupational health and safety, and internal procedures. The regulations are drafted according to the specific nature of the activity and help to prevent employment disputes and to comply with legal obligations.
  • Job descriptions – The job description defines the duties, responsibilities and limits of each position within the company. The document is drafted according to the activity actually carried out and the way the employer is organised, contributing to the clarity of employment relationships and to reducing the risk of disputes.
  • Decisions concerning employment relationships – The service includes drafting the decisions issued by the employer concerning the amendment, suspension or termination of the individual employment contract, the application of disciplinary sanctions and other measures provided for by the Labour Code, in compliance with the substantive and formal conditions imposed by law.
  • Documents required in disciplinary procedures – The disciplinary procedure involves preparing complete documentation that complies with employment legislation. Summonses to the disciplinary investigation, minutes, sanction decisions and other documents necessary for conducting the procedure and reducing the risk of sanctions being annulled may be drafted.
  • Internal policies and procedures – The service includes drafting internal policies and procedures adapted to the company's activity, such as policies on teleworking, the use of the company's equipment and resources, data protection (GDPR), the prevention of harassment in the workplace, whistleblowing, conflicts of interest and information security.
  • Agreements and declarations specific to employment relationships – Confidentiality agreements (NDAs), declarations concerning compliance with the internal regulations, agreements for the processing of personal data and other documents necessary for conducting employment relationships and protecting the employer's interests may be drafted.
  • Other documents required by employers in the course of their activity – Depending on the company's activity, other legal documents for employers may be drafted as necessary for organising the activity and complying with the obligations provided for by employment legislation.

Frequently asked questions

What documents must an employer hold?

Depending on the activity carried out and the obligations provided for by the Labour Code, employers must hold documents such as individual employment contracts, addenda, the internal regulations, job descriptions, decisions concerning employment relationships, as well as other documents necessary for conducting employment relationships and organising the activity.

Are internal regulations mandatory?

Yes. Internal regulations are mandatory for employers and set out the rules concerning the organisation of the activity, work discipline, the rights and obligations of employees, the rules on occupational health and safety, as well as other matters provided for by the Labour Code. Properly drafted internal regulations help to prevent employment disputes and to comply with legal obligations.

When is an addendum to the individual employment contract required?

An addendum to the individual employment contract is required whenever one or more essential elements of the contract change, such as the position, salary, place of work, working hours or other working conditions provided for by law. The changes must be made in compliance with the provisions of the Labour Code and recorded under the conditions provided for by the applicable legislation.

What documents are required in a disciplinary investigation?

Depending on the specific situation, the disciplinary investigation procedure may involve drafting the summons to the disciplinary investigation, the minutes, the disciplinary sanction decision and other documents necessary for conducting the procedure, in compliance with the provisions of the Labour Code and the applicable legal requirements.

When should an employer's documentation be updated?

Employer documentation must be updated whenever there are legislative changes or changes in the company's activity, such as a change in the organisational structure, the positions, the internal regulations, the job descriptions or the working conditions. Updating the documents helps to comply with legal obligations, to prevent employment disputes and to ensure compliance with the Labour Code and the applicable legislation.

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