Resignation under the Codul Muncii: a downloadable template, the notice period (20/45 days), resigning without notice and what obligations the employer has.
Translated from Romanian. This article covers Romanian labour and tax law; the Romanian version is canonical and is updated first.
Alongside dismissal, resignation is one of the most frequent ways an individual employment contract comes to an end — and also one of the most poorly understood. Many employees believe they need the employer’s agreement in order to leave. They do not. Here is what the law actually says and how a resignation letter is properly drafted.
Resignation is governed by article 81 of the Labour Code (Codul Muncii, Legea 53/2003, republished). It is defined as the employee’s unilateral act of will by which they notify the employer that the individual employment contract is ending, once a notice period has run.
Two consequences follow from that definition: it does not have to be justified and the employer cannot refuse it. Resignation takes effect through the simple act of communicating it, subject to notice; the employer cannot make acceptance conditional on finding a replacement, and can at most negotiate a convenient leaving date. The law requires the resignation to be notified in writing — a verbal communication is not enough, and the employer cannot impose a particular form; what matters is that the intention is clear and that the date of communication can be proved.
Notice is the interval between communicating the resignation and the contract actually ending, during which the employee continues working. The Codul Muncii sets maximum durations, not fixed ones:
The individual contract or the applicable collective agreement may set a shorter duration, but cannot exceed these maximums. Notice starts running from the date the employer receives the letter, and for its whole duration the contract produces all its effects — the employee works, is paid normally and keeps all their rights.
Notice may be absent in two situations: by agreement of the parties — if the employer agrees, the employee can leave immediately or after a shorter term, but the employer is not obliged to waive notice — or where the employer fails to meet the obligations it took on under the contract (for example, it does not pay the salary). In this second case, the employee may resign without notice, but must state in the letter which obligation was not met, in order to justify dispensing with the term.
The probation period is governed separately, by article 31 of the Codul Muncii, under a more flexible regime. While it lasts, the contract may end through a written notification, at the initiative of either party, without notice and without justification.
If you resign while still in the probation period, you are not bound by the terms of 20 or 45 working days respectively — a written notification is enough. Even so, check the individual contract, since some internal rules may provide additional communication procedures.
A valid resignation letter has no format standardised by law, but it usually has to include:
RESIGNATION LETTER
The undersigned [Surname, First name], holding the position of [position],
at [Employer name], under individual employment contract
no. [___] of [___],
hereby notify you of my decision to resign from the position
held, in accordance with art. 81 of Legea nr. 53/2003 –
Codul Muncii (the Labour Code), republished, as subsequently
amended and supplemented.
The notice I am to serve is [20/45] working days,
starting on [___], the contract being due to
end on [___].
Please take the steps needed to complete the formalities for
terminating the individual employment contract.
Date: [___] Signature: [___]This template is indicative — fill it in with the real details from your contract and check the employer’s internal requirements (registry, official communication channel).
Electronic form is accepted: the written form required by law does not necessarily mean paper and a handwritten signature. The resignation can be sent by e-mail or through an HR platform, provided the will to resign is clear and the communication can be proved (a certain date of sending/receipt). More and more companies use a digital HR module for this, where the date of the request and the acknowledgement of receipt are recorded automatically.
The two are frequently confused, although they are different. With resignation, the initiative is unilateral (the employee’s), the employer’s agreement is not needed, and the notice is the statutory one (20/45 working days) or a shorter negotiated term. With termination by agreement of the parties, the decision is bilateral — both parties have to agree — and the leaving date and the conditions are freely negotiated, with no notice imposed by law. In both cases, no justification is needed.
A frequent question: if the employee goes on sick leave during the notice period, does it keep running? The general rule is that notice is suspended for the periods in which the individual employment contract is suspended — and sick leave is a classic case of suspension. Sick leave days falling within the notice period are not deducted from the days remaining; notice resumes when the employee returns. The rule avoids both the artificial “shortening” of notice through coincidence with an illness, and the situation in which the employee would lose its protection because of a condition beyond their control.
When the contract ends through resignation, the employer has to meet a few obligations on time: payment of all outstanding salary entitlements, on the date the contract ends; cash compensation for untaken annual leave, in proportion to the period worked in that year; issuing the documents relating to the employment relationship (certificates, proof of length of service); and reporting the termination in the General Register of Employee Records (REGES-ONLINE), within the legal deadline — failure to submit on time is a sanctionable breach.
Once communicated, a resignation takes effect from the date of communication — but that does not mean it cannot be undone. The employee may withdraw the resignation at any time before notice expires, provided the employer agrees. It is not a unilateral right mirroring the initial resignation — if the employer has already started the formalities or hired someone else for the role, it can refuse the withdrawal. Withdrawal is best communicated in writing as well.
Notice, untaken leave to be paid out and REGES reporting are exactly the kind of deadlines that are easy to miss when they are tracked by hand, in Excel or on paper. Workly’s contracts and leave module automatically calculates how many notice days a resigning employee still has to serve (including suspensions caused by sick leave), flags in good time the untaken annual leave days to be compensated on termination, and generates the REGES report without depending on someone remembering the deadline. For the letters themselves, you have a downloadable template, and the integrated electronic signature allows it to be sent and acknowledged straight from the platform, with a certain date recorded automatically.
Informational article, accurate at the date of publication. Not legal advice. Employment legislation may change or may have exceptions applying to your specific situation — always check the Codul Muncii in its updated form or consult a specialist (lawyer, Labour Inspectorate) before taking a decision.
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