Considerations concerning the prohibition of use of the probation
period in the individual labor contract (according to the
provisions of article 33 of the Romanian Labor Code)
Associate professor Ana VIDAT1
The probationa ry period is the most app ropriate way of verifying the professiona l
skills - among the possible ones - given that during the p erformance of the individual labor
contract, the skills of the employee ca n be tested. The objective of this stud y is to analyze
the ban on the use of the proba tion period in the context of art. 33 of the Labor Code. Thus,
we propose to discuss r elatively the employer's ability to employ probationer s through
successive employment in a maximum of 12 months. We a ppreciate that it is useful to
establish the pr actical implications of the legal provisions outlined above - in the context in
which the pr obationary period is the most useful way of p rior checking of the persons
applying for employment.
Keywords: individual employment contract; proba tion period; denial clause; verifying
professional skills; successive hiring.
JEL Classification: K31
1. Introductory issues
A). a). In accordance with the provisions of art. 29 para. 2 of the Labor
Code, the ways in which the pre-qualification of the professional and personal
skills of the persons applying for employment is established by the applicable
collective labor contract, the status of personnel – professional or disciplinary –
and by the internal regulation, insofar as the law does not provide otherwise.
For the purpose of checking the employee's skills, upon the conclusion of
the individual labor contract, a probation period2 – a waiver clause3 – which will be
the object of the information provided in art. 17 par. 2 letter n) of the Labor Code.
1 Ana Vidat - Law Department, Bucharest University of Economic Studies; Lawyer, member of the
Bucharest Bar Association; Romania, firstname.lastname@example.org.
2 The duration of th e probationary period is regulated differently, as follows: in the case of an
individual employment contract concluded for an indefinite duration, according to art. 31 par. 1 of
the Labor Code, the probation period shall be no more than 90 calendar days for the execution
functions (qualified or unqualified) and no more than 120 calendar days for the managerial
positions; when talking about an individual contract of employment concluded on a fixed term, the
legal regulation contained in art. 85 of the Labor Code stipulates the following terms: 5 working
days for an individual work contract less than 3 months; 15 working days for a duration of the
individual work contract between 3 and 6 months; 30 working days for an individual contract of
employment longer th an 6 months; 45 working days in the case of employees in management
positions for a period of individual work contract longer than 6 months.
3 To be seen I.T. tefnescu, Tratat teoretic i practic de drept al muncii, fourth edition, Universul
Juridic Publishing House, Bucharest, 2017, p. 315-321.