Employment Lawyer in Cluj

An employment lawyer in Cluj can read your Romanian employment contract, tell you what the Romanian Labour Code (Codul muncii, Law no. 53/2003) actually gives you, challenge a dismissal or a disciplinary sanction before the Cluj Tribunal (Tribunalul Cluj), and recover unpaid salary or overtime. I do all of this in English, for EU and non-EU employees.

Who do I help?

Foreign employees who live or work in Cluj: people in IT and outsourcing, university staff and researchers, hospitality, logistics and manufacturing. EU citizens who moved here for a job, and non-EU citizens whose residence depends on that job. Many people come to me after HR told them something that is not in the law: that a verbal dismissal counts, that notice is optional, that overtime is “included”, or that a foreigner cannot sue.

I also advise employers in Cluj who want their dismissals, disciplinary procedures and contracts to hold up in court. Read more about how I work on the about page.

What does Romanian employment law give every employee, whatever their nationality?

The Labour Code does not distinguish between Romanian and foreign employees. The rules below apply to you from day one.

• Equal treatment. Discrimination based on citizenship or language, among other criteria, is prohibited (art. 5(1) and (2) of the Labour Code).
• A written contract in Romanian, before you start. The individual employment contract (contract individual de muncă) must be concluded in writing, in Romanian, at the latest the day before you start work (art. 16(1)). Since 27 April 2026, an employer hiring a foreign citizen (cetățean străin) must also conclude it in the language of your home country or in an international language you understand (art. 16(1^9)). The translation is now the employer’s duty, not a favour, although the Romanian text remains the version registered and read by the court. Whether this covers EU citizens is not settled; ask for it either way. The contract is registered in the general register of employees (REVISAL) before you start (art. 16(2)).
• A capped probation period. At most 90 calendar days for execution roles and 120 for management roles (art. 31(1)). See the probation period guide.
• Notice. At least 20 working days when you are dismissed for reasons other than misconduct (art. 75(1)); at most 20 or 45 working days when you resign (art. 81(4)). See resignation and notice period.
• Dismissal only on legal grounds. Dismissal is the termination of the contract at the employer’s initiative (art. 58), for reasons related to you (art. 61) or unrelated to you, meaning your position is eliminated (art. 65). A dismissal that ignores the legal procedure is void (art. 78).
• A disciplinary procedure. No sanction other than a written warning can be applied without a prior disciplinary investigation (art. 251(1)), and the sanction decision must meet the content rules of art. 252.
• No court fee. Labour disputes are exempt from court stamp duty (art. 270).
• Burden of proof on the employer. In a labour dispute the employer has to prove its case and must file its evidence by the first hearing (art. 272).
• No valid waiver. You cannot give up rights granted by law; any such agreement is void (art. 38).

What are the deadlines in a Romanian labour dispute?

The 45-day and 30-day deadlines are strict (forfeiture) time limits (termen de decădere). Whether a particular decision falls under the 45-day or the 30-day rule can itself be argued in court, so the safe course is to act within 30 days in every case. You can check the dates with my court deadline calculator, and I confirm them for you before filing.

How does a labour dispute work at the Cluj Tribunal?

1. I review the documents. Contract, addenda, the decision you received, payslips, your written exchanges with the employer. I tell you in plain English whether there is a case and what the law lets you ask for.
2. I file the claim. Labour disputes are heard in first instance by the tribunal of your domicile, residence or workplace (art. 269(1) and (2)). For Cluj that is the Cluj Tribunal, labour disputes section. There is no court fee (art. 270).
3. The employer must prove its case. The burden of proof is on the employer, which must file its evidence by the first hearing (art. 272). In a dismissal case the employer cannot rely on reasons that are not written in the dismissal decision (art. 79).
4. Hearings. Labour cases are heard urgently, with hearings set no more than 15 days apart (art. 271(1) and (2)). You do not have to be in Cluj for every hearing; I appear for you.
5. Judgment and appeal. The first-instance judgment is enforceable (art. 274). Either side can appeal once, within 10 days from communication, to the Cluj Court of Appeal (Curtea de Apel Cluj) (art. 271(2^1) and (2^2)).

What can the court order?

In a dismissal case the court annuls the decision and orders the employer to pay compensation equal to the indexed, increased and updated salaries, plus the other rights you would have received (art. 80(1)). If you ask, it orders reinstatement (reintegrare) to your former position (art. 80(2)). If you do not ask for reinstatement, the contract ends when the judgment becomes final (art. 80(3)).

In a salary case the court orders payment of the amounts due and can award damages for the unjustified delay (art. 166(4)). Where the employer caused you material or moral harm in connection with your work, art. 253(1) makes it liable to compensate you.

How do I work with you in English?

You reach me by phone, WhatsApp or video call, and you can come to my office on Calea Dorobanților 39-41 in Cluj-Napoca. You can send me documents in English. Your employment contract itself must exist in Romanian (art. 16(1)), and the Romanian text is the one filed with ITM and read by the court, so I check that version for you and explain it in English.

Court proceedings are in Romanian. You sign a lawyer’s power of attorney (împuternicire avocațială) and I speak for you in court. Evidence in English is filed with an authorised translation. For an initial discussion, use the contact page.

What employment matters do I handle?

• Unfair dismissal in Romania: grounds, prohibited dismissals, what to do in the first week.
• Contesting a dismissal: deadlines, the court, reinstatement and compensation.
• Unpaid wages and overtime: payment rules, overtime pay, ITM complaints, employer insolvency.
• Resignation and notice period: how to resign, notice limits, unused leave.
• Probation period: limits, termination during probation, your rights.
• Disciplinary procedure: sanctions, the hearing, what makes a sanction void.
• Employment contract: mandatory form, information duty, fixed-term limits, prohibited clauses.
• Redundancy: real and serious cause, collective redundancy, re-hiring priority.
• Non-compete clause: conditions, allowance, duration, confidentiality and mobility clauses.
• Workplace harassment: definitions, employer duties, where to complain.
• Foreign workers’ rights: equal treatment, EU and non-EU employees, posted workers, withheld documents.

The consolidated text of the Labour Code is published on the official portal: Codul muncii, Legea nr. 53/2003 (legislatie.just.ro).