Resignation and Notice Period in Romania
How to resign under the Romanian Labour Code, the maximum notice you owe, the minimum notice your employer owes you, and your rights when the contract ends.
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Resignation (demisie) in Romania is a written notification to your employer. You need no reason and the employer cannot refuse it (art. 81(1) to (3) of the Romanian Labour Code, Codul muncii, Law no. 53/2003). Notice is at most 20 working days, 45 for managers (art. 81(4)). A non-disciplinary dismissal gives you at least 20 working days (art. 75(1)).
How do I resign in Romania?
- Write it down. A short letter: the date, the statement that you resign from your position, the notice period you give under your contract, your signature. Reasons are optional (art. 81(3)).
- Hand it in and keep proof. Ask for a registration number, or send it by email and by registered letter. The employer must register the resignation; if it refuses, you can prove it by any means (art. 81(2)).
- Work the notice. The contract continues with all its effects during the notice period (art. 81(5)), so you are paid as usual.
- The contract ends when the notice expires, or earlier if the employer waives the notice in whole or in part (art. 81(7)).
- Collect your documents (see below) and check your final payslip for unused leave and deductions.
Resignation is a unilateral act. It does not need acceptance, a signature from your manager or a “resignation form”. An email that clearly says you resign, with the date, is a written notification.
How long is the notice period when I resign?
The notice is the one agreed in your individual employment contract (contract individual de muncă) or set in the applicable collective agreement, and it cannot exceed 20 working days for execution roles or 45 working days for management roles (art. 81(4)). A contract clause with a longer notice is a clause below the legal minimum protection and does not bind you (art. 11, art. 38); the legal maximum applies.
If the contract is suspended during the notice, for example on certified sick leave, the notice period is suspended for the same time (art. 81(6)).
How long is the notice period when my employer dismisses me?
When you are dismissed for physical or mental unfitness, professional inadequacy, or because your position is eliminated, individually or collectively, you are entitled to a notice period of at least 20 working days (art. 75(1), referring to art. 61(c) and (d), art. 65 and art. 66). No notice is owed for a disciplinary dismissal or a dismissal after arrest (art. 61(a) and (b)), and none is owed for professional inadequacy during probation (art. 75(2)).
The dismissal decision must state the length of the notice (art. 76(b)). Notice runs from the day after the notification was communicated and ends on its last day (High Court decision RIL no. 8/2024). If the contract is suspended during the notice, the notice is suspended too, except in the case of art. 51(2) (art. 75(3)). If the dismissal itself looks wrong, read unfair dismissal in Romania.
Working days or calendar days?
The Labour Code uses both units, and mixing them up costs people real days.
| Rule | Unit | Basis |
|---|---|---|
| Notice you give when resigning | working days (max 20 or 45) | art. 81(4) |
| Notice the employer gives on a non-disciplinary dismissal | working days (min 20) | art. 75(1) |
| Probation period | calendar days (max 90 or 120) | art. 31(1) |
| Deadline to challenge a dismissal or a disciplinary sanction | calendar days (45 or 30) | art. 268(1)(a), art. 252(5) |
| Time off compensating overtime | calendar days (90) | art. 122(1) |
Working days exclude the weekly rest days, normally Saturday and Sunday (art. 137(1)), and the public holidays listed in art. 139(1). Calendar days include them. The court deadline calculator helps with court deadlines; for notice periods I count the days for you.
Can I resign without notice?
Yes, in two situations. During or at the end of the probation period either party may end the contract by a written notification, without notice (art. 31(3)); see the probation period guide. And at any time you may resign without notice if the employer does not fulfil its obligations under the contract (art. 81(8)), for example if it does not pay your salary on the agreed date. Describe the breach in the resignation letter and keep the evidence, because the employer may dispute it later. Unpaid amounts remain claimable; see unpaid wages and overtime.
What happens to my unused annual leave?
Minimum annual leave (concediu de odihnă) is 20 working days (art. 145(1)). Leave is taken each year; if you could not take it for justified reasons, the employer must grant the remaining days within 18 months starting with the following year (art. 146(1) and (2)). Compensation in money for untaken leave is allowed only when the contract ends (art. 146(3)), and that is when it becomes due. The High Court decided that the 3-year limitation period for this compensation runs from the end of the contract, and that days beyond the 18-month carry-over are still payable if the employer never effectively offered you the chance to take them (decision no. 40/2026).
Can my employer make me pay for training if I resign?
Only under a training clause. If the employer paid for a professional training course or internship under art. 197(1) and you signed an addendum committing to stay for a set period, you cannot resign during that period without consequences (art. 198(1) and (2)). If you leave early, you owe the training costs in proportion to the period not worked (art. 198(3)). Without such an addendum there is nothing to repay. A clause fixing a penalty in advance for damage you might cause the employer is prohibited and void (High Court decision no. 19/2019).
What documents must the employer give me when I leave?
At the end of the contract the employer must issue a certificate (adeverință) of your employment, its duration, your salary and your seniority, together with an extract from the general register of employees (REVISAL) (Government Decision no. 295/2025 on the REGES-ONLINE register, art. 8(6); Labour Code art. 34(5)). On written request, a certificate must be issued within 15 working days (art. 8(7)), and copies of documents from your personal file within 15 working days (art. 8(4)). You can also download your own REVISAL data online (Labour Code art. 34(5^1)).
For the overview of my practice see employment law in Cluj. If your employer blocks your resignation, withholds pay or demands money to let you go, write to me.
Consolidated text of the law: Codul muncii, Legea nr. 53/2003 (legislatie.just.ro).
Frequently asked questions
Can my employer refuse my resignation in Romania?
Do I have to give a reason for resigning in Romania?
Is the notice period paid in Romania?
Can I resign during probation without notice?
Do I get paid for unused holiday when I leave?
Can I leave before my notice period ends?
See also
Employment Lawyer in Cluj
I represent foreign employees in Cluj in dismissal, salary and disciplinary disputes, in English, under the Romanian Labour Code.
Unfair Dismissal in Romania
What makes a dismissal unlawful or unfounded under the Romanian Labour Code, when dismissal is prohibited, and what to do in the first days after you receive the decision.
Contesting a Dismissal in Romania
The deadline, the court and the procedure for challenging a dismissal decision before the Cluj Tribunal, and what the court can order under art. 80 of the Labour Code.
Unpaid Wages and Overtime in Romania
When salary is due, how overtime must be compensated, and how to recover unpaid wages in Romania through ITM and the Cluj Tribunal, without a court fee.
Probation Period in Romania
How long probation can last under the Romanian Labour Code, how a contract can end during probation, and which rights you keep from day one.
Disciplinary Procedure in Romania
Which sanctions a Romanian employer may apply, how the prior disciplinary investigation must run, what the decision must contain and how to challenge it.
Employment Contract in Romania
The mandatory form of a Romanian employment contract, what the employer must tell you before you sign, fixed-term limits and the clauses that cannot bind you.
Redundancy in Romania
When eliminating your position is lawful under the Romanian Labour Code, what notice and payments you are owed, how collective redundancy works, and what to check in the decision.
Non-Compete Clause in Romania
When a non-compete clause binds you under the Romanian Labour Code, what the employer must pay, how long it lasts, and the confidentiality and mobility clauses that often sit next to it.
Workplace Harassment in Romania
What Romanian law calls harassment and moral harassment at work, what your employer must do, and the routes open to you, from an internal complaint and ITM to CNCD and the court.
Foreign Workers' Rights in Romania
What Romanian employment law gives EU and non-EU employees, how the work authorisation framework fits in, and what to do when an employer withholds pay or documents.
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