Guide to the internal rules of procedure (ROI): the legal basis (art. 242 Labour Code), who must have them, minimum content, consultation, notification and enforceability.
Translated from Romanian. This article covers Romanian labour and tax law; the Romanian version is canonical and is updated first.
The internal rules of procedure (Regulamentul de Ordine Interioară, ROI) are the document that sets out the rules of conduct and discipline in a company. Without them — or with a set that has never been brought to employees’ attention — a disciplinary sanction can be struck down in court. Here is what they must contain and how to draft them properly.
The ROI is the internal act governing the organisation of work, discipline and the mutual rights and obligations within the company. The legal basis is art. 242 of the Labour Code (Codul Muncii), which sets out the mandatory minimum content.
In principle, all employers are required to draw up an ROI. There is an exception, or relaxation, for micro-enterprises (introduced by OUG 37/2021), which benefit from a simplified regime for certain internal documents. Even so, having clear rules remains in the company’s interest.
The ROI must be drawn up within a period running from the acquisition of legal personality (in principle around 60 days). For existing employees, any amendment of the ROI is enforceable against them only after it has been brought to their attention.
Under the law, the ROI includes, as a minimum:
When drawing up or amending the ROI, the employer consults the employees’ representatives or the trade union, where one exists. Consultation does not mean mandatory agreement, but it is a procedural step that must not be skipped.
This is the critical point: the ROI produces effects in relation to an employee only after it has been brought to their attention. You need proof that they were made aware of it — a signature, a confirmation, a timestamp. Without that proof, the employer cannot rely on the ROI in a disciplinary procedure, and sanctions risk being annulled in court for lack of enforceability.
The ROI cannot conflict with the law or with the individual or collective employment contract. A clause in the ROI that unlawfully restricts employees’ rights is null and void. The ROI details and organises, but it cannot go below the legal minimum.
Without an ROI (or with one that has not been brought to employees’ attention), the company loses the basis for disciplinary sanctions and exposes itself to litigation and to sanctions during inspections. In practice, discipline becomes difficult to enforce lawfully.
Workly stores and distributes the ROI in digital format, with a record of acknowledgement — confirmation and timestamp for each employee. That solves exactly the enforceability problem: when you need it, you have proof that the employee received and confirmed the rules. The ROI is linked to the onboarding flow and to the personnel file, and updates reach all employees with confirmation, without paper circulating.
Informational article, accurate at the date of publication. Not legal advice. The requirements on the ROI may change through new legislation — always check the framework in force at source (the Labour Code, the Labour Inspectorate, the Official Gazette) or consult a specialist before drawing up or amending the rules.
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