Probation Period in Romania

Probation (perioadă de probă) in Romania lasts at most 90 calendar days for execution roles and 120 for management roles (art. 31(1) of the Romanian Labour Code, Codul muncii, Law no. 53/2003). During it either party can end the contract by written notification, without notice or reasons (art. 31(3)), and you keep every right of an employee (art. 31(4)).

How long can a probation period be in Romania?

Probation is optional. It exists only if the employer informed you of its duration and conditions before signing (art. 17(3)(n)) and the clause is in the written contract (art. 17(4)). A clause longer than the legal maximum cannot bind you beyond that maximum, because contract clauses cannot go below the protection set by law and you cannot waive legal rights (art. 11, art. 38).

The first 6 months after a university graduate starts in a profession are a traineeship (stagiu), regulated by special law, and not a probation period (art. 31(5) and (6)).

Can my employer set a second probation period?

Only one probation period may be set during a contract (art. 32(1)). By exception, a new probation is allowed when you start a new function or profession with the same employer, or when you move to a workplace with hard, harmful or dangerous conditions (art. 32(2)). A new probation is prohibited when, within 12 months, the same parties sign a new contract for the same function and the same duties (art. 32(2^1)). Probation counts as seniority (art. 32(3)).

A separate rule protects the position itself: successive probation hires of different people for the same post may not go on for more than 12 months (art. 33). An employer that keeps rotating people through the same job on “probation” is outside the law.

Can I be dismissed during probation in Romania?

Yes, under one specific rule. During or at the end of the probation period the contract can end by a written notification, without notice, at the initiative of either party, without a statement of reasons (art. 31(3)). For the notification to be valid:

• the probation must be written in your contract and within the limits above;
• it must be the only probation under that contract (art. 32(1));
• the notification must be in writing, and you must receive it during the probation or on its last day;
• the general prohibitions still apply: no termination on grounds such as citizenship, language, sex, age, disability, religion or union activity (art. 59(a)), and no termination for exercising your rights, including the rights linked to probation (art. 59(c) refers to art. 31).

A notification that arrives after the probation ended is not a probation termination. The ordinary dismissal rules then apply: a written, reasoned decision (art. 76), the legal grounds (art. 61 or art. 65), notice where owed (art. 75) and nullity if the procedure is ignored (art. 78). Read more on the unfair dismissal page.

The notification is a unilateral measure on the termination of the contract, so you can challenge it before the tribunal of your domicile, residence or workplace within 45 calendar days from the date you learned of it (art. 268(1)(a), art. 269(2)). There is no court fee (art. 270) and the employer carries the burden of proof (art. 272). If the notification is invalid, I ask the court to annul the termination, to order the salaries due for the period and, if you want it, reinstatement. See contesting a dismissal and the court deadline calculator.

What rights do I have during probation?

All of them. Art. 31(4) gives you every right and obligation under labour law, the applicable collective agreement, the internal regulation and your contract. In practice:

• a written contract in Romanian signed at the latest the day before you start, registered in REVISAL before you start, with a copy handed to you (art. 16(1), (2) and (3)); “trial days” without a contract are undeclared work, not probation;
• for foreign citizens, since 27 April 2026, a contract also in a language you understand (art. 16(1^9));
• your full agreed salary, not below the national minimum (art. 164), paid monthly (art. 166(1));
• normal working time of 8 hours a day and 40 a week (art. 112(1)) and compensation for overtime (art. 122 and 123);
• annual leave accrual, minimum 20 working days a year (art. 145(1));
• the right to leave by written notification, without notice (art. 31(3));
• probation counted as seniority (art. 32(3)).

What should I check in my contract about probation?

• The duration, in calendar days, and whether it fits the limits for your type of contract and role. The 120-day limit applies to management roles only (art. 31(1)).
• Whether you are on a fixed-term contract, where the limits are in working days and much shorter (art. 85). See employment contract in Romania.
• Any wording about “extending” the probation, which the Code does not allow beyond the maximum (art. 32(1)).
• Whether you had a contract with the same employer for the same role in the last 12 months (art. 32(2^1)).
• That the clause was in the information you received before signing (art. 17(3)(n)).

What should I do if I receive a termination notice during probation?

1. Note the date you received it and compare it with the start date and the length of the probation in your contract.
2. Check that the probation clause itself is valid under art. 31, 32 and 85.
3. Ask for your REVISAL extract, which you can also download yourself (art. 34(5^1)), and for the employment certificate the employer must issue on termination (Government Decision no. 295/2025 on the REGES-ONLINE register, art. 8(6)).
4. Count 45 calendar days from the notification (art. 268(1)(a)) and do not wait for the last week.
5. Send me the contract and the notification through the contact page. More on my practice on the employment law page.

Consolidated text of the law: Codul muncii, Legea nr. 53/2003 (legislatie.just.ro).