1. Introduction
Resignation is one of the most common forms of terminating an individual employment contract and a fundamental right recognized for employees. As of 2025, Romanian legislation clearly regulates this procedure through the Labor Code (Law no. 53/2003), especially under Article 81. This legal provision defines both the formal notification process and the rights and obligations of the parties involved.
With this article, we aim to provide a detailed and clear guide, based on the updated law and best practices, for all employees who wish to resign in a legal, responsible, and efficient manner.
2. Definition of Resignation and Legal Procedure
According to Article 81, paragraph (1) of the Labor Code, resignation is the unilateral act of will of the employee by which they express their intention to terminate the individual employment contract. The notification must be written and addressed to the employer.
It is important to note that the employer does not need to approve the resignation for it to take effect. The written notice is sufficient to initiate the resignation process. Once the notification is submitted, the resignation becomes irrevocable, unless the employer agrees to its withdrawal—either explicitly through direct communication or implicitly by continuing the collaboration without objection.
This provision reinforces the employee’s right to end the employment relationship freely, without requiring mutual agreement, unlike other types of contract termination.
3. Notice Period: Rules, Duration, and Suspension
According to the Labor Code, an employee who resigns is generally required to observe a notice period, which may be:
- a maximum of 20 working days for operational (non-managerial) roles;
- a maximum of 45 working days for management roles.
The exact length is typically stated in the individual or collective employment contract. During this period, the employee is expected to continue fulfilling their duties, with the same rights and obligations, including work schedule, tasks, and salary.
If the employment contract is suspended during the notice period (e.g., due to medical leave, maternity leave, or child care leave), the notice period is also suspended accordingly. It resumes once the contract becomes active again.
This rule is essential as it protects both the employee and employer, allowing sufficient time for knowledge transfer and a smooth transition.
4. Resignation Without Notice: Conditions and Effects
There are certain cases in which the employee has the right to resign without respecting the notice period. This is covered under Article 81, paragraph (8) of the Labor Code, and applies when the employer fails to fulfill their contractual obligations.
Common examples include:
- failure to pay salary or significant delays in payment;
- unilateral changes to the job description or place of work without employee consent;
- unsafe or unsuitable working conditions;
- psychological harassment (mobbing), discrimination, or abusive pressure.
In such cases, the employee should submit a written resignation clearly referencing the legal article and providing justification for immediate termination. It is recommended to retain evidence of the stated situation (emails, notifications, witness statements, etc.).
This provision provides essential protection to employees facing abusive or harmful working conditions.
5. Employer Waiving the Notice Period
According to Article 81, paragraph (7) of the Labor Code, the employer has the right to waive the notice period either fully or partially. This decision must be made in writing and formally communicated to the employee.
When the employer waives the notice period, the resignation takes effect immediately, and the employee is released from any related obligations. In practice, this is beneficial for both parties when collaboration becomes unproductive or the employer prefers to free the position earlier.
It is mandatory for the employer’s decision to be documented in the REVISAL (Romania's electronic employee registry) and handled correctly by the HR department. Proper formalization helps avoid future legal disputes.
6. Employer Obligations and Penalties
The employer is legally required to register the resignation as soon as it is received. Refusal or unjustified delay constitutes a violation and may be sanctioned with a fine ranging from 1,500 to 3,000 RON, according to current legislation.
If the employer refuses to acknowledge the resignation, the employee can prove that the notification was sent using:
- a confirmed email;
- a signed and registered paper copy with a reference number and date;
- witnesses or other legal means of evidence.
Respecting the registration obligation ensures the traceability and legality of the employment termination process.
7. Withdrawal of Resignation
Although the Labor Code does not explicitly regulate the withdrawal of resignation, legal practice in Romania allows it, with the employer’s consent.
The withdrawal can be:
- express, by submitting a written request and receiving a favorable written response from the employer;
- tacit, if the employee continues working and the employer does not oppose or register the contract termination.
It is strongly recommended that any withdrawal of resignation be clearly documented to avoid confusion or potential conflicts.
8. Sample Resignation Letters
With notice period:
I, [Full Name], currently employed by [Company Name] in the role of [Job Title], hereby notify my intention to terminate my individual employment contract, with a notice period of [xx] working days, starting from [date]. Please acknowledge this notification and initiate the necessary procedures for task handover and formal contract closure.
Date: _________
Signature: ____________
Without notice period (based on Article 81, paragraph 8):
I, [Full Name], currently employed by [Company Name] in the role of [Job Title], hereby notify the immediate termination of my individual employment contract, effective as of [date], pursuant to Article 81, paragraph (8) of the Labor Code, due to the employer’s failure to fulfill contractual obligations (e.g., unpaid salary). Attached to this request are supporting documents demonstrating the breach of contract.
Date: _________
Signature: ____________
9. Practical Recommendations
Although resignation is relatively simple in form, it should be approached with responsibility. Here are some practical tips:
- Submit your resignation in writing: ideally register it with HR or send it by email with confirmation of receipt. Keep a signed copy.
- Maintain a professional attitude: even if your decision to leave is firm, your behavior reflects professional maturity. Finalize your tasks and ensure a smooth handover.
- Document irregularities: in case of resignation without notice, keep clear records of the employer’s breaches. These may be useful if conflicts arise.
- Respect your contractual obligations: even when you have the right to resign, doing so responsibly leaves the door open for future references.
- Request all final documents: including the social contribution certificate, fiscal statement, income confirmation, and contract termination decision. These are important for your career and administrative purposes.
10. Conclusion: 2024 vs. 2025 Comparison
Despite the evolution of the labor market and increasing digitalization of HR processes, legal regulations governing resignation have remained stable between 2024 and 2025. Article 81 of the Labor Code continues to provide a clear and balanced framework for contract termination initiated by the employee.
However, the correct application of procedures - written notice, official communication, REVISAL registration, has become even more critical in avoiding misunderstandings and disputes. Employees are also encouraged to know their rights and responsibilities to ensure a fair and professional transition.
This updated guide supports a transparent work culture, where legal rights are respected and resignation is approached as a natural part of professional development.
