According to the provisions of the Labour Code, work performed under an individual employment contract constitutes seniority in employment, and the employee must provide proof that the work was performed under an individual employment contract.

Seniority in work can be proved with certificates issued by former employers on the activity carried out by employees, as well as any other document proving the activity carried out under an individual work contract, such as certificates of internships issued by institutions in the respective countries translated and legalized in Romanian.  

According to European regulations, the Member States of the European Union have the necessary mechanisms for the recognition of the professional experience of the citizens of these states. EU Regulation 492/2011 specifies that any national of a Member State, regardless of his/ her residence, has the right to take up and pursue an activity as an employed person in the territory of another Member State, in accordance with the legislative provisions governing the employment of nationals of that State. 

In this situation, for this period to be considered seniority in employment in Romania, the person in question must present documents proving the period during which he/ she worked under an individual employment contract, the position and the main duties.

Therefore, regardless of the fact that the person in question has worked for a certain period of time outside Romania, but in another EU Member State, it is possible that he/ she may be entitled to the proper valuation of the seniority accumulated under an individual employment contract in an EU Member State, provided that he/ she submits all the documents supporting this approach, in particular the individual employment contract, as well as any other documents issued by the employer in the EU Member State showing the work carried out, translated into Romanian.

Author: Attorney at law, Ana Maria Nistor, Law Office Grecu & Partners.

- This is native content with Labour Law info by Grecu Partners.