Particularities of the employment contract
of the professional foster carer in Romania
Professor Marioara ȚICHINDELEAN
This paper assesses certain aspects regarding the establishment of the employment
contract for the professional foster ca rer from the perspective of internal and international
norms, legal practice (internal, ECHR, CJEU), which characterize this type of employment
contract for the purpose regulation thereof, namely the requirements and needs of children
in foster care. The legal framework on the exercise of the foster carer profession stipulated
by Government Decision (GD) 679/2003
brings into effect the provision of art. 62, section
1, let. b of Law no. 272/2004
on the protection and promotion of the rights of the child. In
the following, we shall identify the non-exhaustive particularities of the employment
contract for the professional foster carer that justifies the classification thereof within the
special employment contract category.
Keywords: employment contract; the professional foster carer; Labor Code of
Romania; labor law.
JEL Classification: K31.
1. Conditions for concluding the employment contract
1.1. Conditions applicable to all contracts
The employee’s legal quality
The legal capacity Government Decision (GD) no. 679/2003.
The employment contract may be validly concluded at the age of 16, and
upon reaching the age of 15, with the approval of the parents or legal
representatives, for activities appropriate for physical development, skills and
knowledge, if such do not jeopardize their health, development and professional
The specialized doctrine
considers that one acquires the full capacity to
conclude an employment contract at the age of 16. With regards to the age between
15 and 16, taking into account two regulations of a different nature, civil and labor,
Marioara Țichindelean – Faculty of Law, ”Lucian Blaga” University of Sibiu, Romania,
Published in the Official Journal of Romania, Part I, no. 443 as of June 23, 2003.
Published in the Official Journal of Romania, Part I, no. 557 as of June 23, 2004.
Ion Traian Ștefănescu, Tratat teoretic și practic de drept al muncii (Theoretical and Practical
Treaty on Labor Law), 4th edition, revised and supplemented, Universul Juridic Publishing House,
Bucharest, 2017, p.252.