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Recruitment

Advertising

What are the requirements relating to advertising positions?

Employers must notify local employment agencies of vacant jobs within five days of jobs being created or becoming vacant. This notification should be provided in the form provided by the law and should include, among other elements, the position, the corresponding Romanian occupations classification number and the number of vacant roles.

In addition to these formal requirements, all job advertisements must comply with the anti-discrimination laws. It is prohibited to:

  • condition the participation of a person in an economic activity based on race, nationality, ethnic affiliation, social category, beliefs, gender, sexual orientation, age or background; or
  • refuse to hire a person as an employee based on the same reasons.

Background checks

What can employers do with regard to background checks and inquiries in relation to the following:

(a) Criminal records?

According to Article 10 of Law 677/2001 on the protection of individuals regarding personal data processing (which transposes Directive 95/46/EC), the processing of personal data regarding criminal convictions may be made only by or under the supervision of the relevant public authorities within the powers granted to them by law.

By law, criminal conviction registers may be held only by the relevant authority within the Ministry of Interior and can be accessed only by the concerned person or, under certain conditions, by other public authorities.

Accordingly, employers may not access the criminal conviction registers. However, they should be entitled to request that the relevant employee or candidate provide an excerpt of his or her criminal record if the employer has a legitimate interest in checking that there is no criminal penalty forbidding an employee from holding the relevant position. Processing such information should be made in full compliance with data privacy requirements. For instance, except where expressly required by law (eg, there is a legal obligation for certain categories of employee to present a criminal record before engaging in an employment relationship), the processing should be notified to the data privacy authority, which must carry out an inspection.

Under Law 677/2001, employers cannot carry out any other type of processing pertaining to criminal convictions unless the relevant data:

  • is manifestly made public by the concerned person; or
  • is closely connected to the official status of the concerned person or the public nature of the acts. 

(b) Medical history?

A medical document attesting the employee’s capacity to perform work must be presented before engaging in an employment relationship. However, such document does not contain a detailed medical history and grants the employer no right to further investigate the potential employee’s medical condition. No other legal provisions allow such further investigations.

Nonetheless, with the employee’s consent the employer may be given access to his or her medical history.

All medical data should be processed in accordance with data privacy legislation. For instance, unless the processing is required by law (eg, as in the case of the medical document presented on commencement of employment or as required to observe health and safety obligations), the data must be notified to the data privacy authority for inspection.

(c) Drug screening?

Romanian labour law makes no reference to drug screening. However, this may be deemed to be medical data and processed accordingly (see above).

(d) Credit checks?

Romanian labour law makes no reference to credit checks. However, since credit information amounts to personal data and since it could be claimed that the employer has a legitimate interest in performing such check, the processing of credit-related data could most likely be done only with the employee’s consent.

In addition, the processing of credit-related information should observe all other relevant requirements under data privacy legislation.

(e) Immigration status?

Romanian labour law makes no reference to credit checks. However, since credit information amounts to personal data and since it could be claimed that the employer has a legitimate interest in performing such check, the processing of credit-related data could most likely be done only with the employee’s consent.

In addition, the processing of credit-related information should observe all other relevant requirements under data privacy legislation.

(f) Social media?

Romanian labour law makes no reference to social media screening. However, where social media information can be deemed as lawfully obtained from publicly available sources, an employer could, in principle, process this without the employee’s consent provided that private data protection legislation is observed. For certain categories of data, additional conditions (eg, that the data subject made public the information himself or herself) may have to be fulfilled.

(g) Other?

Romanian labour law makes no reference to other types of screening. However, where the screening information can be deemed as lawfully obtained from publicly available sources, an employer could, in principle, process this without the employee’s consent provided that private data protection legislation is observed. For certain categories of data, additional conditions (eg, that the data subject made public the information himself or herself) may have to be fulfilled.

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