SRL employment contract in 2026: mandatory terms, a 90-day probation and the fitness file

On Thursday 29 October 2026, an SRL that wants someone to start on Monday has a document to sign before the first hour of work. The Form 112 guide covers REGES Online, the rates of 25% pension contribution, 10% health contribution, 2.25% labour insurance contribution and 10% income tax, the minimum wage of RON 4,325, and the filing deadline. The director remuneration guide covers the mandate contract, which is not an employment relationship and does not sit in the Labour Code. Neither says which clauses must be in the individual employment contract, how long probation may last, or which medical paper must exist before signature.

The five searches on this URL: (1) the mandatory elements of the individual employment contract in 2026, (2) a probation of at most 90 calendar days for execution roles, (3) part-time work and the fine of RON 10,000–15,000 if the person works beyond the hours in the contract, (4) the copy kept at the workplace, next to the daily hours record, (5) the fitness file before hiring. The family is payroll, through the employment contract. This is not a return calendar with a due date on the 25th, and it is not a guide to the deductibility of expenses.

The figures below were checked on 29 October 2026 against the Labour Code consolidation (Law no. 53/2003) published by the Ministry of Labour, in force from 27 April 2026, after GEO no. 32/2026 (Official Gazette no. 335 of 27 April 2026). The form of 13 July 2026 touches art. 281, the entry-into-force and transposition article, not art. 16, 17, 31, 85, 105, 119 or 260. Government Decision no. 146/2026 sets the minimum of RON 4,325 from 1 July 2026. Government Decision no. 355/2007 and Law no. 319/2006, art. 13 (j) and art. 39 (4), are the basis of the medical file. Up to this date I have not found an Official Gazette act that rewrites the contract clauses after 27 April 2026.

The individual employment contract is concluded in writing, in Romanian, at the latest on the day before the activity starts (art. 16 (1) of Law no. 53/2003). The duty to use the written form sits with the employer. For a first day on Monday 2 November 2026, the previous day is Sunday 1 November 2026. The text says the previous day, not the previous working day: Sunday does not move the signature to Monday morning. Receiving a person at work without this document is art. 260 (1) (e), a fine of RON 40,000 for each person, without exceeding RON 1,000,000 in total, in the form from Law no. 239/2025, from 18 December 2025. Transmission to REGES is another line, letter (e^1), of RON 20,000, and it sits in the Form 112 guide.

Before signing, the employer informs the selected person of the essential clauses (art. 17 (1)). The information is treated as given when the contract or the addendum is signed (paragraph (2)). Paragraph (4) requires the elements in paragraph (3) to appear in the contract, with three exceptions: the indication of the collective agreement (letter m), the electronic-signature procedures (letter o), and the right to professional training (letter p). The rest belongs in the contract. In practice, the group that is missing most often is this one: the identity of the parties; the workplace or, if there is no fixed workplace, the different places and whether travel is provided or reimbursed; the employer’s registered office; the occupation under the Romanian Classification of Occupations and the job description; the evaluation criteria; the risks specific to the job; the date from which the contract takes effect; the duration, if it is fixed-term; the length of annual leave, at least 20 working days (art. 145 (1)), without counting legal holidays inside those days (paragraph (3)); the conditions and length of notice.

Notice on resignation cannot exceed 20 working days for execution roles and 45 for management (art. 81 (4)). A clause of 30 working days on an execution post is above the cap. Letter (k) requires the basic salary, the other pay shown separately, the frequency and the method of payment. On full time, from 1 July 2026, the base cannot sit below RON 4,325 a month, for 166.667 hours on average per month, that is RON 25.949 an hour, excluding bonuses (Government Decision no. 146/2026, art. 1). Below the floor, art. 260 (1) (a) provides RON 3,000–5,000 per person, capped at RON 200,000. Pay is in money, at least once a month, on the date in the contract (art. 166 (1)); a transfer is allowed (paragraph (2)). A delay of more than one month is letter (s), RON 5,000–10,000 per person, outside insolvency under Law no. 85/2014. The company account, with its 60 working days, is in the bank-account guide. Letter (l) sets the hours per day and per week: on full time, 8 and 40 (art. 112 (1)). Probation is letter (n). Changing an element in paragraph (3) needs an addendum before it takes effect (paragraph (5)), unless the statute or the collective agreement itself provides the change. An advanced or qualified electronic signature stays optional and cannot be imposed (art. 16 (1^1) and (1^6)); both parties use the same type (paragraph (1^7)). For a foreign employee, the contract is also concluded in a language they understand (paragraph (1^9), GEO no. 32/2026); in Romanian only, the fine is RON 6,000 per contract (letter (e^6)).

On an indefinite-term contract, probation is at most 90 calendar days for execution roles and at most 120 calendar days for management roles (art. 31 (1)). These are calendar days, not working days. For persons with a disability, the check is made only through a probation of at most 30 calendar days (paragraph (2)). Management roles are those defined by law or by the employer’s internal rules (art. 277): a post titled specialist, which the internal regulation does not declare to be management, stays at the 90-day cap. The director’s mandate has no such probation, because it is not an individual employment contract; the comparison is in the remuneration guide.

Example as of 29 October 2026. The contract takes effect on Monday 2 November 2026 and sets the maximum probation of 90 calendar days for an execution post. Day 1 is Monday 2 November 2026. Day 90 is Saturday 30 January 2027. The Saturday counts, because the text does not say working days. During the probation or at its end, the contract may end only by written notification, with no notice and no reasons, at the initiative of either party (paragraph (3)). The notification is not the resignation in art. 81, which has a notice period, and it is not dismissal with its own procedure. During the probation days the employee has every right in the statute, in the applicable collective agreement, in the internal regulation and in the contract (paragraph (4)), including the wage. There is no probation wage below RON 4,325 on a full-time contract. Probation counts as length of service (art. 32 (3)).

On a fixed term, the caps are different and they are in working days (art. 85): 5 working days if the contract lasts under 3 months; 15 working days for a term between 3 and 6 months; 30 working days above 6 months; 45 working days for a management role, again above 6 months. A 4-month contract that starts on Monday 2 November 2026 falls under letter (b). The 15th working day is Friday 20 November 2026: weekends are not counted, and 30 November, a Monday, Saint Andrew’s Day, falls after this window. During one contract you may set only one probation (art. 32 (1)). A second probation, within 12 months, between the same parties, for the same role and the same duties, is forbidden (paragraph (2^1)). The exception in paragraph (2) is a new role or profession with the same employer, or a workplace with difficult, harmful or dangerous conditions. The first 6 months after a higher-education graduate starts in the profession are a traineeship, in the sense of art. 31 (5) and Law no. 335/2013, not an extension of the 90 days.

A fractional-time employee is a person whose normal hours, calculated weekly or as a monthly average, are below the hours of a comparable full-time employee (art. 103). The part-time contract is concluded only in writing (art. 104 (2)) and contains, besides art. 17 (3), three elements (art. 105 (1)): the duration of work and how the programme is spread; the conditions on which the programme may be changed; the ban on overtime, except for force majeure or other urgent work meant to prevent accidents or to remove their consequences. If those elements are not written, the contract is treated as concluded for full time (paragraph (2)). A verbal understanding of 4 hours does not stand in for the three clauses.

Example. A contract signed on Sunday 1 November 2026, effective Monday 2 November: 4 hours a day, 20 hours a week, Monday to Friday 09:00–13:00, with the three clauses. The normal 8-hour programme is halved. Government Decision no. 146/2026 gives RON 25.949 an hour. The proportional basic salary, under art. 106 (2), is half of RON 4,325, that is RON 2,162.50, before bonuses. If the three clauses are missing, the full-time presumption lifts the floor to RON 4,325 and the programme to 8 hours and 40 hours. Rights are those of full time, in proportion to time actually worked (art. 106). The pension-contribution base on part-time work is not read from this article: the rule in art. 146 of the Fiscal Code, with the full minimum wage and its exceptions, is in the Form 112 guide.

Receiving a person at work beyond the duration in the part-time contract is art. 260 (1) (e^3): a fine from RON 10,000 to RON 15,000 for each person, without exceeding RON 200,000 in total. The exception is only letter (c) of art. 105: force majeure or urgent work for accidents, not a busy day on which the person stays until 17:00. Stopping the workplace, art. 260 (4), covers letters (e) to (e^2), not letter (e^3). A 4-hour contract does not meet the full-time employee condition required by the 1% micro regime. That condition, including the alternative of a paid mandate, is in the micro-enterprise guide. For letters (e) to (e^3), paragraph (1^1) allows payment, within at most 48 hours from the drawing up or communication of the report, of half the fine applied, not half the bottom of the band. A fine of RON 40,000 becomes RON 20,000. A fine of RON 12,000, inside the band of RON 10,000–15,000, becomes RON 6,000, not RON 5,000. A report handed over on Thursday 29 October 2026 at 10:00 has the 48 hours complete on Saturday 31 October 2026 at 10:00; the text does not say working hours. Paragraph (1^1) is still in the code consolidated at 27 April 2026. Some commentaries invoke Law no. 203/2018 against windows shorter than 15 days: the report is what shows the sum and the deadline you pay against.

Before the activity starts, the employer hands the employee a copy of the contract (art. 16 (3)). The missing copy is art. 260 (1) (p): RON 1,500–2,000. Separately, the employer keeps at the workplace a copy of the contract for the employees who work there (paragraph (4)). The workplace, for this paragraph, is the place where the employee works, inside the perimeter provided by the employer, at the head office or at branches, representative offices, agencies or work points (art. 16^1 (1)). The copy stays there on paper or electronically, with the person the employer designates, respecting confidentiality (paragraph (2)). Breach of paragraph (4) is letter (q): a fine of RON 10,000. The text does not say for each person and it does not say per day. The RON 10,000 is not the fine of RON 40,000 for a missing contract and it is not the fine of RON 20,000 for a contract not sent to REGES. The staff register and the monthly return are in the Form 112 guide; the copy at the office does not replace them.

At the same place, also defined by art. 16^1, the employer keeps a record of the hours worked daily by each employee, with the start time and the end time, and shows it to labour inspectors whenever they ask (art. 119 (1)). For mobile employees and for employees who work from home, the record is kept on the terms set in writing with them, according to the activity they perform (paragraph (2)). Breach of art. 119 is letter (m), together with breach of art. 27 on the medical certificate: RON 1,500–3,000. A sheet that only says present, without the start and end times, is not the record in paragraph (1). Payroll statements are kept like accounting documents (art. 168 (2)). The archive period for those statements is the subject of the accounting guide. The daily hours sheet stays at the workplace for inspection, not in the annual-statements file.

Letters (m), (p) and (q) do not fall inside the 48-hour window of paragraph (1^1), which stops at letters (e) to (e^3). For them, the code points to the general contravention regime (paragraph (3)). Art. 28 (1) of Government Ordinance no. 2/2001, in the form after Law no. 203/2018, allows payment, within at most 15 days from handing over or communication, of half the minimum fine set by the act, not half the sum the inspector chose inside the band. On letter (m), the minimum is RON 1,500, so RON 750. On letter (p), the minimum is RON 1,500, so RON 750. On letter (q), the fine is fixed at RON 10,000, so the half is RON 5,000. Law no. 296/2023, art. LVIII, removed this facility for acts such as the Accounting Law, Law no. 70/2015 and GEO no. 28/1999. The Labour Code, in the text read on 29 October 2026, has no similar exclusion for letters (m), (p) and (q). The 15 days are calendar days. For a report handed over on Thursday 29 October 2026, the day of handing over is not counted, and day 15 is Friday 13 November 2026. Sunday 1 November falls inside the interval. Stopping the activity, paragraph (4), is not ordered for a missing copy or for a missing hours record.

A person may be employed only on the basis of a medical certificate stating that they are fit for that work (art. 27 (1)). Breach brings the nullity of the contract (paragraph (2)). Nullity takes effect for the future and can be covered if you later meet the missing condition (art. 57 (2) and (3)). A person who has already worked under a null contract is entitled to pay for the work performed (paragraph (5)). A file dated after the person has started does not rewrite paragraph (1): it covers the nullity for the future, it does not erase the days worked without a certificate. Competence, procedure and the sanctions in special statutes are referred to by paragraph (3). Asking for pregnancy tests at hiring is forbidden (paragraph (4)). By exception, a foreign employee may be hired without presenting the certificate at signature, but must obtain it at the latest on the date the activity starts (paragraphs (6) and (7), GEO no. 32/2026). For a Romanian citizen, the exception does not apply: the certificate is in place before hiring, not in the first week.

The procedure is Government Decision no. 355/2007. The exam at hiring is carried out for workers who are about to be employed on a fixed-term or indefinite-term contract, and when the workplace, trade or profession changes (art. 15). The employer requests the exam and completes the request form (annex no. 2) and the occupational-risk form (annex no. 3) (art. 16 (1)). The occupational-medicine specialist completes the fitness file with the conclusion of the exam (paragraph (6)). The conclusions the decision names are fitness, conditional fitness, temporary unfitness and permanent unfitness (art. 10–13). Conditional fitness means there are medical recommendations, and fitness depends on following them (art. 10). Temporary unfitness lasts until reassessment (art. 11). Permanent unfitness is resolved together with the doctor who assesses work capacity (art. 12). The employer provides the funds and the conditions; the worker does not pay for the preventive medical surveillance tied to occupational risks (art. 7). On the example of Monday 2 November 2026, the file marked fit for the role and the place in the contract is issued at the latest on Friday 30 October 2026, before the Sunday signature, not at the door on Monday.

Two fines sit on different texts. The Labour Code, art. 260 (1) (m), sanctions breach of art. 27 with RON 1,500–3,000, in the same band as a missing hours record. Law no. 319/2006, art. 13 (j), requires the employer to hire only persons who, following the medical exam and, where relevant, psychological testing, match the work they will do, and to ensure periodic medical checks after hiring. Breach of letter (j) is art. 39 (4): RON 4,000–8,000. Letter (j) does not fix a number of months for the periodic check; do not invent an annual interval the article does not write. The two bands are not added by default into one sum: the inspector applies the text that matches the fact found. The file is not sent to REGES and it is not filed with Form 112. The job risks, which are also a clause under art. 17 (3) (f), are the same risks you enter on annex no. 3 for the doctor.

Walk through the steps before the first day of work. The dates below use the calendar checked on Thursday 29 October 2026: 1 November is a Sunday, 2 November is a Monday, 20 November is a Friday, 30 January 2027 is a Saturday. The 90-day probation is in calendar days. The probation in art. 85 is in working days.

Tavoris prepares the dossier for registering an SRL at the Trade Register, from the identity document and the contract for the registered office. It does not draft the individual employment contract, choose between full time and part time, set the probation, complete the request form for the occupational-medicine doctor, or keep the hours record.

After the certificate, the steps for the private virtual space, the account and the register are in the after-incorporation checklist. This article covers only the document between the company and the employee: the clauses, the probation, part-time work, the copy at the workplace and the fitness file. Form 112 and REGES stay with you and with the accountant.

Informational guide as of Thursday 29 October 2026. Sources checked on that date: Law no. 53/2003, art. 16, art. 16^1, art. 17, art. 27, art. 31, art. 32, art. 57, art. 81, art. 85, art. 103–106, art. 112, art. 119, art. 139, art. 145, art. 166, art. 168, art. 260 and art. 277, in the Ministry of Labour consolidation in force from 27 April 2026 (GEO no. 32/2026, Official Gazette no. 335 of 27 April 2026); the form of 13 July 2026 changes art. 281, not the contract articles used here; Government Decision no. 146/2026 for RON 4,325 and RON 25.949 an hour from 1 July 2026; Government Decision no. 355/2007, art. 7–16; Law no. 319/2006, art. 13 (j) and art. 39 (4); Government Ordinance no. 2/2001, art. 28 (1); Law no. 203/2018; Law no. 239/2025 for letter (e) of art. 260; Law no. 296/2023, art. LVIII, which does not rewrite letters (m), (p) and (q). Check legislatie.just.ro, inspectiamuncii.ro and the text of the report. This is not legal or human-resources advice.