Many Romanians no longer have their employment card and are faced with the fact that their employer no longer exists when they retire. There is, however, a legal solution to help them retire.
Workbooks for employees are no longer produced, and it is difficult for people to prove their seniority if they have lost them after they were given to them by their employers. The main way to prove seniority is the seniority certificate.
From November 28, 2016, employers, institutions and public authorities are obliged to issue such a document within 15 days from the date of the request, as soon as a person’s contract ends.
The seniority certificate is issued, according to the law, at the request of any employee or former employee, based on paragraph 5 of art. 34 of the Labor Code. “(5) At the request of the employee or a former employee, the employer is obliged to issue a document certifying the activity carried out by him, the duration of the activity, the salary, the seniority in work, in the profession and in the specialty”.
However, if the employer has objective reasons why he cannot issue the seniority certificate, the employee can request it from the territorial labor inspectorate in the area where the respective company operates.
If a person is left without a work card and the employer no longer exists, it does not mean that he can no longer prove his seniority. The case can only be solved with the help of justice, as established by the High Court.
In these cases, the pension house must be sued. This is the institution that can issue pension decisions based on the data that certifies the periods of contribution, and the court decision recognizing seniority is such a document.
However, when the interested party does not have evidence of seniority or activity in different groups, the archive keeper can be sued. Thus, even without an employment card, the employee will receive a certificate verifying the employment relationship.