Amending the Individual Employment Contract: Legal Framework and Requirements

As workplace dynamics evolve, adjustments to roles, responsibilities, and conditions often become necessary. However, these changes must follow strict legal procedures to safeguard both employers and employees, ensuring compliance, transparency, and fairness.

Imagine a work relationship as a living arrangement between two parties navigating the dynamic realities of a changing professional landscape. Over time, roles evolve, teams restructure, strategic directions shift, and economic realities impose new constraints. In such a context, it is not only natural but often necessary for certain provisions of the individual employment contract to be adjusted.

However, in labor law, changes to the employment contract are not matters of informal understanding or goodwill alone. They are formal legal acts that must comply with the procedural and substantive safeguards provided by the Labour Code, primarily Articles 17 and 41 of Law no. 53/2003. These provisions protect both parties and ensure the predictability, stability, and legality of the employment relationship. Failing to follow them may result in the nullity of the modification and can expose the employer to litigation risks, reputational damage, or even financial liability.

What does it mean to modify an Individual Employment Contract?

A modification to an individual employment contract refers to any change in the essential terms originally agreed upon by the employer and the employee. These terms can range from the role itself to the working conditions under which the job is performed. Some of the most common examples include:

• Change in position or job responsibilities – such as in cases of promotion, internal restructuring, or reassignment;
• Change in salary or benefits – including base salary, bonuses, or allowances;
• Change in the place of work – for example, transfer to another branch, remote work arrangements, or international assignments;
• Change in working time – moving from full-time to part-time or vice versa;
• Extension or transformation of a fixed-term contract;
• Introduction or revision of a work schedule – such as the implementation of shift work or flexible hours.

Important: These modifications, regardless of how minor they may appear, generally require the express and prior agreement of both parties. Exceptions do exist — such as certain unilateral changes permitted by law in specific circumstances — but these are narrowly construed and should not be presumed.

How to modify the contract properly and legally

For a modification to be valid, three core stages must be strictly observed:

1. Negotiation and mutual agreement

The employment contract is built on the principle of bilateralism. Any proposal to modify its content must be discussed and accepted by both parties. The employer may initiate the dialogue, but cannot impose changes unilaterally, especially when they affect fundamental aspects like remuneration, duties, or work location.

From a practical standpoint, the employee must be informed about the intended change in a clear and transparent manner, be given time to reflect or seek advice, and retain the right to accept, reject or negotiate the terms. Where applicable, the employee may also choose to be represented by a union delegate or legal adviser.

2. Drafting a written addendum

No modification is considered legally effective without proper documentation. A verbal agreement, even if mutually accepted, holds no legal weight in this context.

The appropriate instrument is an addendum (or additional act) to the employment contract. This document must:

• Identify precisely the clause(s) being modified;
• Specify the new agreed terms;
• Indicate the date from which the changes will take effect;
• Be signed by both the employer and the employee prior to the entry into force of the modification.

This step is not merely bureaucratic it is a safeguard against ambiguity, future conflict, or contested interpretations of the employment relationship.

3. Registration in Revisal and notification to ITM

Once the modification has been formalized in writing, the employer has the legal obligation to register the change in the General Register of Employees (REVISAL), where applicable (e.g., salary, position, work schedule, type of contract).

In line with Government Decision no. 905/2017, the updated data must be transmitted electronically to the Territorial Labour Inspectorate (Inspectoratul Teritorial de Muncă – ITM) at least one working day before the change becomes effective.

Failure to comply with this deadline constitutes a contravention and may be sanctioned with a fine.

Why it matters

Modifying an individual employment contract is not just an operational formality; it is a legal act that requires the same level of diligence and procedural fairness as the initial signing of the contract. Beyond compliance, it is a matter of building trust, fostering transparency, and ensuring that changes, even when driven by strategic necessity, respect the fundamental rights of the individual.

In an increasingly agile and mobile world of work, flexibility is essential. But that flexibility must operate within a clear legal architecture, one that upholds not only the letter of the law but also the spirit of collaboration and mutual respect that underpins any healthy employment relationship.