Country profile ROU
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2003 | C138 & C182 | Labour Code of Romania | [{"link_name":"Labour Code of Romania","source_link":"https://dialogsocial.gov.ro/wp-content/uploads/2020/09/Law-no-53-2003-Labor-Code.pdf"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Romania has not enacted a legally binding official list of hazardous activities prohibited for minors under 18. However, the Labour Code and accompanying Reges guidance do define broad categories of dangerous work—such as exposure to machinery, toxic substances, extreme temperatures, heavy manual handling, and work at heights or in confined spaces—which are implicitly prohibited for those under 18. The Labour Inspectorate issues updated guidance on conditions under which minors may work, requiring ongoing risk assessments, health monitoring, and employer safeguards. Although no decree formally lists each activity, these combined instruments act as a de facto framework. Nevertheless, since there is no explicitly published, periodically revised national list developed through social dialogue, the requirement for a formally adopted hazardous-work list remains partially fulfilled. |
| Minimum age for hazardous work | 2003 | C138 & C182 | Labour Code of Romania | [{"link_name":"Labour Code of Romania","source_link":"https://dialogsocial.gov.ro/wp-content/uploads/2020/09/Law-no-53-2003-Labor-Code.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Romania prohibits hazardous work for individuals under 18. According to Labour Code guidelines and Reges (the Labour Inspectorate portal), minors (15–18) may only engage in light work, with no involvement in dangerous, heavy, or harmful activities. Working in heavy, harmful, or dangerous environments—including worksites, machinery, toxic or extreme-temperature conditions—is permitted only after 18 years of age. Minors aged 15–18 are further protected by limits on hours and conditions: no night work, no overtime, maximum 6 hours per day and 30 per week, mandatory rest breaks, and additional annual leave. Employers must perform risk assessments, adapt workplace conditions, ensure health monitoring, and provide OHS training. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2000 | C182 | Law No. 143/2000 on combating drug trafficking and use ; Criminal Code - Articles 359 and 360 | [{"link_name":"-Law No. 143/2000 on combating drug trafficking and use","source_link":"https://sherloc.unodc.org/cld/uploads/res/document/rou/law-no--143-of-2000_html/romania_law_143.pdf"},{"link_name":"-Criminal Code","source_link":"https://www.just.ro/wp-content/uploads/2021/11/Noul-cod-penal-EN.doc"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Romania criminalises the involvement of minors in drug-related illicit activities. Law No. 143/2000 prohibits the cultivation, production, trafficking, distribution, and provision of controlled drugs. It imposes penalties of 2–7 years’ imprisonment for risk drugs, and 5–12 years for high-risk drugs, with enhanced sanctions when minors are involved. The current Criminal Code, in Articles 359–360, also penalises handling of drug precursors and trafficking, with aggravated sentences if children are used. Offences involving minors trigger enhanced penalties, ensuring robust protection against exploitation in drug-related crimes. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2009 ; 2001 | C182 | Criminal Code - Articles 182(c), 211, 222 and 374(1–2) ; Law 678/2001 on preventing and combating trafficking in human beings - Article 18 | [{"link_name":"-Criminal Code","source_link":"https://bwcimplementation.org/sites/default/files/resource/RO_286-2009%20Criminal%20Code_EN1.pdf"},{"link_name":"-Law 678/2001 on preventing and combating trafficking in human beings","source_link":"https://legislatie.just.ro/Public/DetaliiDocument/32589"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Romanian law fully prohibits the sexual exploitation of persons under 18. Criminal Code Article 182(c) criminalises forcing persons—including minors—into prostitution or pornography for the purpose of obtaining or distributing pornographic material. Article 211 sets specific penalties for trafficking children for sexual exploitation, with prison terms of 5–15 years (up to 18 years in aggravating circumstances) . The child pornography offence under Article 18 of Law 678/2001 punishes the offering, producing, distributing, or possessing pornographic material depicting minors under 18, with imprisonment from 2 to 7 years. In the 2014 Criminal Code, Article 374(1–2) criminalises the production or possession of child pornography, imposing penalties of between 1–5 years or 2–7 years if via digital means. Additional provisions, such as Article 222, criminalise the recruitment of minors for sexual purposes. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2006 ; 2006 ; 1991 | C182 | Law No. 446/2006 on the preparation of the population for defence ; Law No. 384/2006 on the status of professional soldiers ; Constitution of Romania - Article 55(3) | [{"link_name":"-Law No. 446/2006 on the preparation of the population for defence","source_link":"https://legislatie.just.ro/public/detaliidocument/77597"},{"link_name":"-Law No. 384/2006 on the status of professional soldiers","source_link":"https://legislatie.just.ro/Public/DetaliiDocument/76140"},{"link_name":"-Constitution of Romania","source_link":"https://www.constitutiaromaniei.ro/"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Romania abolished compulsory military service in peacetime through Law No. 446/2006, effective from 23 October 2006. Since then, the country has operated an all-volunteer armed forces model. Law No. 384/2006 permits only individuals aged 18 or above to voluntarily enlist in the military. Furthermore, Article 55(3) of the Romanian Constitution states that citizens may be conscripted for military service only between the ages of 20 and 35 in the event of war or national emergency. There are no legal provisions allowing for the forced or compulsory recruitment of persons under 18 under any circumstances. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2001 ; 2009 | C182 | Law No. 678/2001 on preventing and combating trafficking in human beings ; Criminal Code - Article 211, 213 | [{"link_name":"-Law No.\u202f678/2001 on preventing and combating trafficking in human beings","source_link":"https://www.legal-tools.org/doc/75a7aa/pdf/"},{"link_name":"-Criminal Code","source_link":"https://www.just.ro/wp-content/uploads/2021/11/Noul-cod-penal-EN.doc"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Romania explicitly prohibits the sale and trafficking of children for both sexual and labour exploitation. National law, beginning with the Anti-Trafficking Act 678/2001 and reinforced in the 2014 Criminal Code, defines trafficking to include recruitment, transportation, or receipt of children for the purpose of exploitation. Criminal Code Article 211 specifically criminalises trafficking in minors with penalties of 5 to 15 years’ imprisonment, or up to 18 years if committed by a guardian or public official. Article 213 prohibits procuring or facilitating prostitution involving minors, with 2–7 years’ imprisonment, escalating in aggravated cases. In May 2024, Romanian Parliament strengthened these protections by increasing minimum sentences to 5–12 years for child trafficking and excluding sentence suspension . |
| Minimum age for admission to apprenticeship | 2005 | C138 | Law No. 279/2005 on apprenticeship at the workplace | [{"link_name":"Law No.\u202f279/2005 on apprenticeship at the workplace","source_link":"https://legislatie.just.ro/Public/DetaliiDocument/31649"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Romania’s apprenticeship system allows participation by adolescents aged 16–25, with specific provision for 15‑year‑olds under certain conditions. Law 279/2005 establishes an “in‑work apprenticeship” contract combining practical and theoretical training. A person aged 15 may enter such a contract with written parental consent, provided the activities are suitable for their development and do not jeopardise health or schooling. The apprenticeship contract must detail the training objectives, duration, foreman qualifications, remuneration (at least minimum wage), and supervision. Only authorised employers and certified foremen may train apprentices. This framework aligns with C138’s exemption for structured apprenticeship programmes approved by competent authorities. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2003 | C138 | Labour Code of Romania | [{"link_name":"Labour Code of Romania","source_link":"https://dialogsocial.gov.ro/wp-content/uploads/2020/09/Law-no-53-2003-Labor-Code.pdf"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Romania allows general employment from the age of 16, and in certain cases from age 15 with parental consent. However, compulsory education in Romania continues until the age of 18. Therefore, the minimum legal age for employment does not align with the completion of compulsory schooling, as required under Article 2(3) of Convention No. 138. |
| Light work - Determination of types and conditions of activities | 2003 | C138 | Labour Code of Romania - Article 13 ; Labour Inspectorate (Reges) guidance on minor employment | [{"link_name":"-Labour Inspectorate (Reges) guidance on minor employment","source_link":"https://reges.inspectiamuncii.ro/en/useful-information/conditions-for-hiring-and-employing-minors/"},{"link_name":"-Labour Code of Romania","source_link":"https://dialogsocial.gov.ro/wp-content/uploads/2020/09/Law-no-53-2003-Labor-Code.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Romania defines the conditions for light work through the Labour Code and Labour Inspectorate guidelines. Under Article 13, adolescents from age 15 may engage in non-hazardous work with written parental consent. The Reges portal specifies that this work must not compromise health or school attendance, and sets limits of six hours daily and thirty hours weekly, with no overtime or night shifts permitted. Employers must conduct risk assessments, adapt workstations, offer training and medical check-ups, and ensure rest breaks and days off. Although there is no official list or decree explicitly detailing “light work” tasks, the combination of the Labour Code and Reges guidance effectively fulfils C138’s requirement to determine types and conditions of permissible light work. |
| Minimum age for light work | 2003 | C138 | Labour Code of Romania - Article 13 | [{"link_name":"Labour Code of Romania","source_link":"https://dialogsocial.gov.ro/wp-content/uploads/2020/09/Law-no-53-2003-Labor-Code.pdf"}] | 15 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Romania permits light work for adolescents aged 15, under strict legal safeguards. Article 13 of the Labour Code prohibits work under 15, but at 15, minors may be legally employed with written parental consent for tasks suited to their physical and mental development that do not pose health risks or interfere with schooling. According to Labour Inspectorate guidelines, minors aged 15–18 can work up to six hours per day and 30 hours per week in light work, with no night work or overtime allowed, and must have workplaces adapted to their needs. Employers are required to undertake risk assessments, ensure conditions compatible with school attendance, and refrain from exposing minors to dangerous tasks |
| Minimum age for admission to work | 2003 | C138 | Labour Code of Romania - Article 13 | [{"link_name":"Labour Code of Romania","source_link":"https://dialogsocial.gov.ro/wp-content/uploads/2020/09/Law-no-53-2003-Labor-Code.pdf"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Romania sets the general minimum age for employment at 16 years, as per Article 13 of the Labour Code. However, adolescents aged 15 may be employed in jobs suitable to their physical and mental development, provided they have written parental consent and the job does not endanger their health or interfere with their schooling. Employment under 15 is strictly prohibited, except for culturally or artistically related activities with prior official authorisation. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 13-DEC-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 19-NOV-1975 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| This strategy outlines Romania’s multi-sectoral approach to combating human trafficking, with explicit attention to the trafficking of children for labour and sexual exploitation. It includes preventative, protective, and prosecutorial measures, and promotes cross-border cooperation, awareness campaigns, training of professionals, and improved data systems. The strategy aligns with EU and international human rights standards, and specifically calls for measures to protect vulnerable minors from the worst forms of exploitation. | [{"link_name":"National Strategy against Trafficking in Persons","source_link":"https://gov.ro/en/news/the-launch-event-of-the-2024-2028-national-strategy-against-human-trafficking"}] | 2024–2028 | National Strategy against Trafficking in Persons | National Agency against Trafficking in Persons (ANITP), under the Ministry of Internal Affairs |
| This strategy outlines Romania’s commitment to ensuring the rights of all children, with a strong focus on preventing and combating all forms of violence, abuse, and exploitation. The policy integrates actions addressing child labour, particularly in vulnerable and marginalised communities, and prioritises multi-sectoral coordination between child protection, labour inspection, education, and health systems. | [{"link_name":"National Strategy for the Protection and Promotion of Children's Rights (2022\u20132027)","source_link":"https://better-internet-for-kids.europa.eu/en/rules-guidelines/national-strategy-protected-children-safe-romania-2023-2027"}] | 2022–2027 | National Strategy for the Protection and Promotion of Children's Rights (2022–2027) | Ministry of Labour and Social Solidarity; National Authority for the Protection of the Rights of the Child and Adoption (ANDPDCA) |