(1) The individual employment contract shall be concluded on the basis of negotiations between the employee and the employer. The conclusion of the individual employment contract may be preceded by specific circumstances (competitive examination, election to a post, etc.).

(2) The employee has the right to conclude individual employment contracts with other employers at the same time (cumulative employment), unless prohibited by the legislation in force.

(3) The individual employment contract shall be signed by the parties:

a) either by handwritten signature - in two copies, one copy of which shall be handed to the employee and the other shall be kept by the employer;

b) or by qualified advanced electronic signature - if the parties to the individual employment contract have agreed to conclude it by exchange of electronic documents.

(1) At the conclusion of the individual employment contract, the person who commits himself shall present to the employer the following documents:

a) identity card or other identity document;

b) (repealed)

c) (repealed)

d) the diploma of studies, the qualification certificate confirming the special training - for the professions that require knowledge or special qualities;

e) the medical certificate, in the cases provided by the legislation in force;

f) the declaration on his own responsibility regarding the fact that, during the activity at the previous jobs, he did not violate the provisions of art. 6 para. (2) of Law no. 325 of December 23, 2013 on the assessment of institutional integrity, except for cases when the person is employed for the first time.

(2) It is forbidden for employers to request from the persons who are hired other documents than those provided in paragraph (1), as well as other legislative acts.

(1) The individual employment contract shall be concluded in written form. The individual employment contract concluded before the date of entry into force of this Code may be concluded in written form only with the agreement of the parties. The employer's proposal to conclude the individual employment contract in written form shall be notified to the employee by the employer's order (disposition, decision, resolution), under signature or by another means that allows confirmation of receipt/notification. The employee's proposal to conclude the individual employment contract in written form shall be notified to the employer by submitting and registering his written request. The reasoned refusal of one of the parties to conclude the individual employment contract in written form shall be communicated to the other party by its written reply within 5 working days.

(2) The individual employment contract shall take effect from the day of signing, unless the contract provides otherwise.

(3) If the individual employment contract has not been concluded in written form, it shall be deemed to be concluded for an indefinite period and shall take effect from the day on which the employee is admitted to work by the employer or by another responsible person in the establishment who is authorized to employ staff. If the employee proves that he has been admitted to work, the individual employment contract in written form shall be drawn up by the employer at a later date.

(4) In the case of employment without the appropriate written form, the employer shall also be obliged, on the basis of the labour inspector's inspection report, to draw up the individual employment contract in accordance with the provisions of this Code.

(Excluded)

(1) In order to verify the professional skills of the employee, at the conclusion of the individual employment contract, he may be assigned a trial period of no more than 6 months. In the case of hiring unskilled workers, the trial period is established as an exception and cannot exceed 30 calendar days.

(2) The probationary period does not include the period of the employee being on medical leave and other periods in which he was absent from work for valid reasons, documented.

(3) The clause regarding the trial period must be stipulated in the individual employment contract. In the absence of such a clause, it is considered that the employee was hired without a trial period.

(4) During the trial period, the employee benefits from all the rights and fulfills the obligations stipulated by the labor legislation, the internal regulations of the unit, the collective and the individual labor contract.

(5) Only one trial period can be established during the individual employment contract.

Employees employed on the basis of an individual fixed-term employment contract may be subjected to a probationary period which shall not exceed:

a) 15 calendar days for a duration of the individual employment contract between 3 and 6 months;

b) 30 calendar days for a duration of the individual employment contract longer than 6 months.

The probationary period shall not apply to the conclusion of an individual employment contract with:

a) (repealed)

b) persons under 18 years of age;

c) persons employed by competitive examination under special laws unless otherwise provided for;

d) persons who have been transferred from one establishment to another;

e) pregnant women;

f) (repealed)

g) persons elected to elective office;

h) persons employed under an individual contract of employment of up to 3 months;

i) (excluded)

(1) If, during the probationary period, the individual employment contract has not been terminated on the grounds provided for in this Code, the action of the contract shall continue and its subsequent termination shall take place on a general basis.

(2) If the result of the probationary period is unsatisfactory, this is stated in the order (disposition, decision, resolution) regarding the dismissal of the employee, which is issued by the employer until the expiration of the probationary period, without payment of the indemnity. dismissal. The employer is not obliged to give reasons for the decision on the unsatisfactory result of the probationary period. The employee has the right to challenge the dismissal in court.

(Repealed)

(1) On the basis of the individual employment contract negotiated and signed by the parties, the employer may issue an order (disposition, decision, resolution) of employment.

(2) If the employer has issued an employment order (disposition, decision, resolution), it shall be notified to the employee, under signature or by another means allowing confirmation of receipt/notice, within 3 working days from the date of signing of the individual employment contract by the parties. At the employee's written request, the employer is obliged to provide him/her with a copy of the order (disposition, decision, resolution), certified in the prescribed manner, within 3 working days.

(Repealed)

The employer is obliged to issue free of charge to the employee within 3 working days, at his written request, a certificate regarding the work within the respective unit, indicating the specialty, qualification, position, duration of work and the amount of salary.