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Romania

Romania’s best Men’s World Cup finish is the quarter-finals, achieved in 1994, famously knocking Argentina out in the round of 16.

Romania beat both Colombia and England on their way to the round of 16 in 1998.

Romania qualified for the Men’s World Cup finals in 1930, 1934, 1938, 1970, 1990, 1994 and 1998.

Romania have not qualified for a World Cup finals since 1998.

Contributing firm

Țuca Zbârcea & Asociații

Contacts

Mihai Anghel

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

Pay may be withheld corresponding to the period of unauthorised absence and the employer may initiate disciplinary proceedings in accordance with the Labour Code and the company’s internal regulations. U nauthorised absences may constitute grounds for disciplinary sanctions, including termination of the employment relationship, if properly documented and handled in line with statutory procedure.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

If an employer has reasonable doubts regarding the validity of a medical certificate submitted to justify an absence, the appropriate course of action is , in theory, to follow the statutory verification procedure by notifying the competent health insurance authorities ( i.e., the National Health Insurance Authority (CNAS) and the relevant territorial health insurance authority ), which are empowered to review and verify medical leave certificates (to be noted that direct checks at the employee’s home are no longer permitted). If the competent authorities determine that the medical certificate was improperly issued or the justification for the absence was unfounded, the employer may initiate disciplinary proceedings, in accordance with the Labour Code and the applicable internal regulations. However, in practice, challenging medical leave certificates through this mechanism tends to be relatively burdensome from a procedural standpoint and often involves a limited likelihood of success.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

Attending work under the influence of alcohol and/or consuming alcohol at the workplace is both an occupational health and safety issue and a disciplinary matter. As employers are responsible for ensuring health and safety at work and for establishing workplace discipline through internal regulations, they may regulate access to the workplace under the influence of alcohol and the use of breathalysers through internal policies.

Romanian legislation does not expressly regulate or prohibit the use of breathalysers by employers. In practice, such testing should be expressly provided for in the internal regulations, clearly setting out the conditions for testing, the procedure to be followed, as well as the consequences of refusing to take the test. Testing should be justified, proportionate and carried out in compliance with data protection requirements, particularly as the results may qualify as sensitive personal data.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

The employer has the authority to establish and modify working hours, as set out in the internal regulations or the applicable collective bargaining agreement, while complying with statutory limits on working time and mandatory rest periods. The revised schedule must be communicated to employees and properly recorded. If the change affects essential terms of the individual employment agreement (e.g. the type of work schedule), employee consent may be required.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

If employees use working time to watch matches instead of performing their job-related duties, the employer may treat this as a breach of work obligations and may initiate disciplinary proceedings.

Unauthorised use of company IT systems to stream matches or to engage in gambling (whether legal or illegal), especially in breach of internal IT policies, may constitute disciplinary misconduct. As such, disciplinary sanctions may be imposed, up to termination of the employment relationship, provided that clear internal rules are in place and the statutory disciplinary procedure is properly followed.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

Where the misconduct occurs at an employer-organised event, workplace conduct rules generally continue to apply, even if the event takes place outside normal working hours. Disciplinary action may be taken if the employee’s behaviour affects, for example, the employer’s legitimate interests or reputation, provided the statutory disciplinary procedure is followed.

Where the conduct occurs outside working hours at a purely private, non-work-related event, the employer will generally have no grounds to impose disciplinary sanctions. Only in exceptional circumstances, where the conduct is directly connected to the employment relationship and seriously impacts the employer, could action potentially be considered.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

If such day is declared a public holiday under Romanian law, employees are generally entitled to a paid day off. Employees who are required to work on that day (in the sectors where activity cannot be interrupted) must be granted equivalent compensatory time off within the following 30 days. If, for justified reasons, such time off cannot be granted, employees are entitled to a salary bonus of at least 100% of the basic salary corresponding to the hours worked on the public holiday, in accordance with the Labour Code.

3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?

Under Romanian law, gambling activities may only be organised by licensed operators. From a legal perspective , an office pool involving the collection of money and the awarding of prizes could fall within the scope of gambling regulations.

4 May employers prohibit public displays of rival country team colours in the workplace?

Employers may regulate dress code and workplace conduct through internal rules. Public displays of team colours or symbols may be restricted if they conflict with established dress code policies or risk disrupting workplace order. Any restrictions should be applied in a consistent and non-discriminatory manner. Prohibitions would generally be justified only where there is a legitimate business reason, such as maintaining a professional environment or preventing tensions among employees.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

Employers are required to ensure equal treatment and avoid discrimination on protected grounds, including gender and nationality. Granting flexibility or other accommodations only in respect of matches played by one gender or certain national teams could potentially raise discrimination concerns if the distinction is based on protected characteristics and lacks an objective justification. To mitigate risk, any flexibility measures should be applied consistently and based on objective operational criteria rather than on gender or nationality.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

Depending on the match schedule and time zone, some employees may seek to adjust their working hours or take time off to watch games. Employers may wish to consider whether temporary flexibility (e.g. adjusted schedules) is operationally feasible. Clear communication of expectations regarding attendance, performance and use of company IT systems may help ensure business continuity and consistent application of internal rules during the tournament.