National Education Law (Law No.1/2011, with subsequent amendments) establishes, among other things, the working conditions, the mandatory professional training for teaching positions, the types of development training programs for teachers. The law also explicitly states the terms of education (see the section Teachers and other educational staff categories) and that employment of teachers must be done based on competition (national competitive examination for teachers in preuniversity education).
In public preuniversity education, validation of the competition for occupying the teaching positions is done by the board of the school inspectorate. Employment of the teaching staff with individual labour contract is done by the head of the school, based on the allocation decision signed by the general school inspector.
In private education, competitions’ validation and employment on teaching positions are done by the management of the private education unit and communicated in writing to the school inspectorate.
Nation wide educational planning for recruitment of teachers applies only to preuniversity education and it is a process with several stages involving three types of bodies:
- school management
- school inspectorates and
- the Ministry of Education and Research.
During the entire process, the social partnership is ensured by the mandatory participation of the trade unions representatives at every stage (having a consultative role).
At the school level
Each school must establish the exact number of teachers needed for the next school year for each educational level and subject (employment project) according to:
- The national policy concerning the registration of students on educational level, pathway, profile and specialization (considering the situation and the demographic evolution, the employment policies for workforce, the educational system structure and other factors). This is expressed at:
- national level by tuition figures established by government decision
- the county level by tuition figures approved by the Ministry of National Education, and
- the school level by tuition figures decided by the school inspectorate.
- The national policy regarding the general objectives and outcomes of education. This is expressed at:
- the school level through the National Curriculum structure and content (subjects and number of classes per week for each subject).
- The national policy regarding the working conditions for teachers. This is expressed at
- the school level by the didactic norms, professional status and specific work conditions. Teachers who reach the legal age of retirement may request to remain in activity, with the recommendation of the teachers' council. The school inspectorate decides on these requests, taking into account the overall balance between the supply and demand of teachers by subjects at the county level.
Based on the proposals made by heads of departments, the headmaster first allocates hours to permanent teachers from the respective school (teachers who signed a permanent contract with the general school inspector for the respective educational unit).
After completing the norms of permanent teachers under the law, the headmaster proposes as vacancies the remaining hours on educational level and discipline.
The draft of employment made this way has to be firstly approved by the teachers' council. Finally, the board and the trade union representative approve the employment draft which is then submitted to the school inspectorate.
At the school inspectorates’ level
At the school inspectorates’ level, all employment projects proposed by the educational institutions are evaluated and negotiated with their headmasters and with teachers' trade unions representatives and then consolidated by educational level and subject.
The final form of the employment draft at county level is forwarded to the Ministry of Education and Research.
The counties employment drafts are assessed at the Ministry of Education and Research level then they are negotiated with the school inspectorates and with the trade unions representatives and finally approved.
After approval, the employments at county level come into effect and are published both at the Ministry of Education and Research level, and at the school inspectorates’ level.
The selection, recruitment and employment of teachers is done only based on these approved appointments.
The supply of teachers is also subject, to some extent, to a national planning.
This is expressed nationwide by approved tuition figures for educational institutions providing initial teacher education:
- pedagogical high schools
- pedagogical university colleges and
- other higher education institutions.
Similar to all tuition figures, they are decided on the basis of consultations and considering the situation and demographic trends, employment policies of workforce, the educational system structure, etc.
Entry to the profession
According to Law 1/2011 (art. 254) there are several stages in establishing the number of vacant positions in pre-university education:
1. The board of directors of the educational establishment establishes the didactic positions / chairs available for employment for an indefinite or determined period and their status: vacancies, reserved.
2. The school inspectorate analyzes, corrects in collaboration with the educational units and approves the offer of teaching positions / vacant / reserved chairs.
3. The list of teaching positions / chairs is made public by posting to the respective school inspectorates and educational units and on the site of these institutions at least 30 days before the selection and employment procedures for these teaching positions / chairs are initiated
All the activities regarding the mobility of the teachers are coordinated at the local level by a commission appointed by the general school inspector and headed by an assistant general school inspector. The exact composition and attributions of this commission are established annually by Ministerial Order. The representatives of the education unions have an advisory role throughout the process, can participate in the commission's work and have the right to access the final documents.
The selection, recruitment and hiring of the teaching staff is based on a competition. The selection, recruitment and employment procedure depends on the educational level and the form of ownership and is based on:
• National competitive examination (national competition for all vacancies or vacancies published at national level) for the state pre-university education;
• Open recruitment through locally organized competition (local competition for a specific job or vacancy published locally) for private education.
The competition consists of:
- a practical test or a special inspection in classroom and a written test at the specialty didactics for employing teachers with individual labour contract
- submission of a curriculum vitae and sustaining of an interview for employment by hourly payment of associate teachers and retired teachers.
The content of the written tests is established by the Ministry of Education and Research so that it is possible to evaluate the knowledge and competences of the candidates in the specialty of the discipline and in its teaching methodology. The evaluation of the written works is performed by specialized commissions organized either at the level of the higher education institution responsible for the improvement of the teachers in the respective county, or at the level of certain educational units established by the Ministry of Education and Research.
The results of the written tests are expressed in notes from 1 to 10 (the minimum mark of promotion being 5). The minimum grade for hiring the holders is 7; those who score lower than 7 but higher than 5 can be employed as a substitute.
The distribution of the teachers on the positions or chairs offered for the contest is done in descending order of the average obtained at the contest, according to the options of the teachers.
The results of the competition are validated by the school inspectorates, and the hiring of the teachers is done by decision of the general school inspector. Each teacher selected and recruited through the competitive examination signs an individual employment contract for an indefinite period (the holders) or a determined one (the substitutes), according to the provisions of the law and the collective labor contract.
The competition for the occupation of the teaching positions / chairs of the state pre-university education with personnel assigned in the hourly payment regime, with associate teaching staff or retired is organized at the level of the educational units. (Law 1/2011, art. 254)
In private education, contests’ validation and employment of teachers are done by the management of the private education unit and they are communicated in writing to the school inspectorate.
According to the Law 1/2011 Art. 248 for the occupation of the didactic positions it is necessary to carry out a practical internship (induction period) with a duration of one school year, carried out in an educational unit, in the didactic function corresponding to the studies, usually under the guidance of a mentor teacher. In order to carry out the internships for occupying a teaching function at the level of the school inspectorates is constituted the body of mentor teachers based on a methodology developed by Ministry of Education and Research.
According to the Law 1/2011 (Art. 240) the occupation of a didactic position for the period of the practical internship with the duration of one school year is achieved through competition on vacant / reserved positions / chairs.
After completing the practical internship, it is necessary to obtain the finalization in education. According to Law 1/2011 (Art. 241) The national examination for finalization in education is organized by the Ministry of Education, Research, Youth and Sport, according to a methodology approved by order of the Minister of Education, Research, Youth and Sport, and includes:
a) phase I, eliminatory - carried out by the school inspectorates during the practical period of one school year and consisting of the evaluation of the professional activity at the level of the educational unit, the evaluation of the personal professional portfolio and in supporting at least two inspections in the classroom;
b) the second, final stage - completed at the end of the practical internship with the duration of one school year and consisting of a written examination, based on a theme and a bibliography approved by the Ministry of Education and Research, for each specialty in part.
The teachers who pass the final exam acquire the title of teacher with the right to practice in pre-university education.
Teachers employed with a fixed-term employment contract, who passed the final exam in education, can be assured of continuity on the didactic post / occupied chair, by the decision of the board of directors of the respective educational unit, according to the law
Persons who did not pass the exam can attend a new session after resuming, each time, before taking the exam, the internship with a duration of one school year.
Candidates can take the national examination for completion in education free of charge up to three times. Subsequent submissions to the exam are subject to the payment of fees set by the Ministry of Education and Research.
Persons who do not pass this exam, under the conditions presented above, can be employed in the national pre-university education system only for a fixed period
The teaching profession in Romania is a profession regulated by law.
Consequently, for a given level of education, teachers work under similar conditions across the country. The individual labour contract is signed in accordance with the general provisions of labour legislation. The individual labour contract can be permanent or temporary.
In public education, within the limits established by law, the concrete rights and obligations of employees are further detailed in the following work contracts:
- The collective work contract at national level - negotiated and signed between the Ministry of Education and Research and the trade union representatives in education
- The collective work contract at the county level or respectively at the level of the higher education institution - negotiated and signed between the school inspectorates and respectively the management of the higher education institutions and the teachers' trade unions representatives
- The individual labour contract - established based on provisions of collective labour contracts and signed between employers and teachers.
The provisions of all the labour contracts (collective and individual) are compulsory both for employers and for employees.
At the level of each unit or educational institution, job description for each teaching position is negotiated between teachers and management.
The standard format of the job description is established within the collective labour contract. Job description represents the document based on which the assessment of individual performance of each teacher is performed.
Teaching positions in preuniversity education can be occupied by:
- titular teachers
- associate teachers, or
- substitute teachers.
Titular teachers are employed for an indefinite period of time through the decision of the general school inspector. The specific rights resulting from this status are as follows:
- School inspectorates must ensure with maximum priority jobs for titular teachers, preferably in the schools where they were hired
- Titular teachers are allowed to transfer or detach from an educational institution to another, according to the law. The teaching positions occupied by titular teachers are reserved on detachment periods
- Titular teachers are allowed to compete for management, guidance and control positions, according to the law
- The teaching positions of titular teachers are reserved during the period of time they are doing certain activities stipulated by law (carrying out management, guidance and control activities or other functions in the central or local administration, during postuniveritary studies or during unpaid leave for specialization, etc.)
- Titular teachers benefit of some support facilities established by law.
Substitute teachers are employed by decision of the general inspector for a period of one year or until the returning of the holder.
Substitute teachers must compete annually for a teaching position and do not benefit of the specific rights of titular teachers mentioned above.
If in a certain educational unit remain vacant hours after completion of all mobility activities of teaching staff, the headmaster may assign these hours by cumulation or hourly payment to the titular teaching staff, associated staff or retirement teachers.
Associated and retired staff
Associated and retired staff are employed for a period of time up to one school year by decision of the general school inspector.
Excepting the specific conditions established for titular teachers, all the other working conditions are identical for titular, associated and substitute teachers (responsibilities, rights, obligations, working time, holidays, teaching norms, salaries, etc.).
For short periods of time, absent teachers may be replaced by teachers from the same unit or educational institution.
In such situations it is not always possible to ensure a teacher of the same subject as the absent one.
The replacement in such situations is generally based on mutual agreement and there is no obligation explicitly provided by law or by collective or individual labour contracts regarding this activity.
For longer periods of time, absent teachers may be replaced by substitute teachers.
Substitute teachers (in this context) may be titular teachers in other schools, teachers who do not have an employment contract at that time, retired teachers and, in some cases, unqualified personnel.
The measures to support teachers may be classified in the following categories:
- Measures regarding job safety for titular teachers
- Measures to facilitate and encourage the participation to continuous training programs
- Measures to support teachers working in rural areas
- Social support measures
- Measures to ensure transparency and fairness of all types of decisions regarding employment status, career progress, assessment, etc. as well as the specific conditions related to conflict resolution.
Teaching staff’ salary consists of:
- the base salary, set by law, and
- a variable component, consisting of
- bonuses and
- other additional salary rights.
The supplementary salary rights and other rights of the teaching and supporting staff are negotiated within the limits established by law, under the collective labour contracts between the administration and the education trade unions nationally recognized, according to the law.
The teaching staff statute establishes the following criteria for setting the teachers' salaries in preuniversity education:
- performed function and teaching norm
- level of education required for the teaching position
- teaching degree
- scientific title
- recognized seniority in education
- quality of educational activity
- place and specific conditions where the activity is carried out.
During teaching career, the salaries increase according to a salary scale.
Working time and holidays
Regardless of education level, all teaching staff has the right to annual paid leave lasting at least 62 days during school holidays (excluding Sundays and holidays), guaranteed by law - Law 1/2011/Art. 267/alin. 1. Teachers have to take their paid leave during school holidays, according to negotiated planning between the Administrative Board or the university senate and teachers' unions representatives. In duly justified cases, the management of the school or of the educational institution can interrupt the legal leave, persons concerned being paid for their work in this period. Teachers who have not taken their annual leave are entitled to carry it out in the school holidays next year. – Law1/2011/Art. 267/alin. 2,3)
According to Law 1/2011 / Art. 268, the teachers elaborating the doctoral thesis or papers in the interest of education based on a research or publishing contract are entitled to 6 months' paid leave, only once, with the approval of the board of the educational institution.
The teaching norm in preuniversity education includes hours stipulated in the educational framework-plans for disciplines corresponding to specializations written on the bachelor's degree diploma or on the certificate of graduation of a minimum 90 ECTS credits module attesting the achieving of teaching competences for a subject in the fundamental field corresponding to the field of specialization written on diploma.(Law 1/2011, art. 263)
The teaching activity is done in a time interval of 8 hours daily and 40 hours a week, and includes (Law 1/2011/Art. 262):
- teaching-learning-assessment activities and training practice and final exams of a study cycle, accordingly to the educational framework-plans
- methodical-scientific training activities
- education activities, complementary to the education process: mentoring, school after school, lifelong learning
- coordination activities.
Concrete activities foe every teaching position is established by the job description document. The standard format of the job description is established within the collective labour contract. Job description represents the document based on which the assessment of individual performance of each teacher is performed.
The teaching norm for teaching-learning-assessment and practical training and current assessment of preschoolers and pupils in class represent the number of hours corresponding for activities stipulated by law and it is determined as follows:
- a post of educator or schoolmaster or school teacher for pre-school education for each group with normal program, established in early education
- a post of school teacher or schoolmaster or primary school teacher for each class in primary education or for simultaneous classes within it, where they cannot create separate classes
- 18 hours per week for teachers in secondary and tertiary non-university education, for teachers from units and classes with integrated and additional program for arts and sports, as well as from units with extracurricular activities and from psycho-pedagogical assistance centers or cabinets
- 24 hours per week for practical training teachers and foremen instructors
- for teaching staff in special education, the teaching norm is established as follows:
- school teachers and teachers - 16 hours per week
- educator-school teacher, educator-institutor, educator-teacher, foreman-instructor and practical training teacher - 20 hours per week
- one post of teacher in the integrated special education, for the inter-school speech therapy centers, for itinerant and support teaching staff, for teaching staff in preschool special education, for teachers who perform specific therapies, teachers for medical physical culture, kinetotherapy, psychomotor education and others, depending on the type and degree of deficiency, according to the methodology developed by the Ministry of Education and Research
- a post for documentarist teacher in the documentation and information centers.
The didactic norm for teaching-learning-assessment activities provided for teaching and practical training staff with experience in education for over 25 years, having the Ist teaching degree, and for those being part of the teacher mentors body the norm can be reduced by 2 hours weekly, without salary reduction, within the approved budget. The didactic norm is reduced upon the request of the teacher, submitted to the headmaster. (Law 1/2011, art. 261)
By exception, if the didactic norm of the teachers in secondary education cannot be constituted according to the legal provisions, this can be constituted of 2/3 of hours from the specialization or the basic specializations and completed with 1/3 of the hours from other disciplines or through adding hours corresponding to educational activities, complementary to the education process: mentoring, school after school, lifelong learning. In the secondary school education in the rural area the didactic norm can consist of 1/2 of hours from the specialty or basic specialties and supplemented with 1/2 of hours from other disciplines or by adding hours corresponding to educational activities, complementary to the process of education. education: mentoring, school after school, lifelong learning (Law 1/2011, art. 263)
The promotion and career advancement are open to any teacher who satisfies certain conditions of professional qualification.
Advancing in positions of management, guidance and control is achieved through contest in the preuniversity education.
The management positions in preuniversity education are as follows (Law 1/2011, art 256):
- Management positions in schools:
- headmaster and
- deputy headmaster.
- Management positions in school inspectorates:
- general school inspector and
- deputy general school inspector.
The position of headmaster and deputy headmaster is carried out through public competition by teaching staff members members of the national body of experts in educational management. The positions of headmaster and deputy headmaster are performed through a national competition, coordinated by the Ministry of Education and Research, organized by the school inspectorates, according to a methodology developed by the Ministry of Education and Research and adopted by order of the Minister (Law). 1/2011, art. 257)
According to the methodology for organizing and conducting the competition for the positions of headmaster and deputy headmaster in pre-university education units (Art. 3), in the competition for the position of headmaster and deputy headmaster of a state and private education institution, can apply persons who cumulatively fulfill the following conditions:
a) have graduated with bachelor's degree / graduation university studies, respectively, in the case of the competition for the position of director in kindergartens or deputy director of educational establishments, pedagogical university studies / of teachers or graduated with bachelor's degree / graduation diploma University studies;
b) they are members of the national body of experts in educational management;
c) have permanent positions in pre-university education, having concluded a permanent employment contract, have at least didactic degree II or the scientific degree of doctor in the field in which they carry out their activity;
d) prove professional, managerial and moral qualities, reflected by the "Very good" grades received during the last 4 school years, actually worked at the chair in teaching positions or in management positions in educational units / school inspectorates
e) were not disciplined in the last 4 school years prior to the year of the competition, worked effectively in the department, in teaching positions or in management positions in educational units / school inspectorates
f) they have not been deprived of the right to hold a leading position in education through definitive judicial sentence of criminal conviction;
g) they are medically fit for performing the function, according to the legal provisions
h) did not have the status of "Security worker" or "Security collaborator"
The positions of general inspector and deputy general inspector may be occupied by titular teachers having the Ist teaching degree, which are distinguished by professional, managerial and moral qualities. Occupation of general school inspector and deputy general school inspector positions is done by contest organized by the Ministry of Education and Research (open recruitment procedure).
The guiding and control positions in preuniversity education are:
- Guiding and control positions in school inspectorates:
- specialty school inspector and
- school inspector.
- Guiding and control positions in the Ministry of National Education:
- general inspector
- specialty principal inspector
- other positions established by Government decision.
According to the Methodology of organizing and conducting the competition for the position of school inspector (ART. 3), at the competition for occupying the functions of school inspector in the school inspectorates can apply the teacher who fulfills, cumulatively, the following conditions:
- is a graduate of a long-term higher education institution with a bachelor's degree or a Bologna II cycle with a master's degree;
- have permanent positions in pre-university education, having concluded an individual employment contract for an indefinite period in the pre-university education, with the didactic degree I or the scientific title of doctor, with an effective seniority of a minimum of 7 years in the pre-university education;
- obtained the "very good" annual qualification in the last 5 years and was not been disciplined during the same period, until enrolling in the competition;
- he was not convicted criminally for committing an offense or was not deprived of the right to hold a position of leadership, guidance or control through a definitive and irrevocable judicial decision of criminal conviction;
- is medically fit;
- is a member of the National Body of experts in educational management
Any type of promotion induces major changes in teachers’ responsibilities, obligations and rights.
Working conditions are stipulated in the respective job descriptions established by the hierarchically superior body.
Teachers working in management, guidance and control positions sign individual labour contracts with employers (depending on position – the general school inspector or the Ministry of Education and Research).
The job description signed by the two parties becomes annex to the individual labour contract.
Mobility and transfers
Human resources management in preuniversity education is the responsibility of the Ministry of Education and Research and is done by school inspectorates.
The methodology for teachers’ movement is set yearly by Ministerial Order, within the law, and the Ministry of Education and Research coordinates the entire activity regarding the teaching staff mobility through school inspectorates.
All the activities concerning teachers’ mobility are coordinated at regional level by a commission appointed by the general school inspector and headed by a deputy general school inspector. The exact structure and responsibilities of this commission are set yearly by Ministerial Order. Teachers' trade unions representatives have an advisory role during the entire process, they may take part at the committee works and have the right to access the final documents.
Only titular teachers may transfer from one school to another.
Detachment in the interest of education
Detachment in the interest of education - leading to temporary relocation, for a period of maximum 5 years, in another educational institution.
The detachement in the interest of education of the teaching staff in the pre-university education is realized on the basis of the written request formulated by the unit of the receiving education, with the written agreement of the requested persons, and with the opinion of the board (s) of the educational unit / units in which the teaching staff is hired. The teaching staff requested for the detachement submits an agreement to the school inspectorate and to the receiving school.
Detachment in the interest of education is used to occupy positions in educational institutions:
- schools or classes consisting of students capable of performance
- for groups, including preschool children or classes composed of children with special educational needs
- pilot units
- application units
- units deficient in teaching staff and
- for providing management in schools, as well as for the guidance and control positions.
Detachment on request
Detachment on request - leading to a temporary move, over a period of maximum 5 years, in another educational institution.
None of the above mentioned periods of time for detachment may be exceeded.
The teaching positions of detached teachers are reserved during the period of detachment.
At the end of the detachment period, titular teachers return to their previously teaching positions.
Teachers who move from one school to another keep their basic salaries and often the working conditions are similar. This is because the salaries and the working conditions are established at national level.
Employing and maintaining in a teaching, auxiliary teaching or management, guidance and control positions conditioned by presentation of a medical certificate. In case of psycho-behavioural professional unsuitability, the education institution management may request, with the approval of the teachers' council, a new complete medical examination. Teachers who are found medically incompatible with the teaching profession may be dismissed or transferred to another field of activity, according to the law.
Persons who carry out activities incompatible with the teaching profession cannot hold teaching or management, guidance and control positions. Among the activities incompatible with the teaching profession, the law stipulates the following:
- the provision by a teacher of any commercial activity inside the school or in the adjacent area
- sale of obscene or pornographic written, audio or visual materials
- practicing in public of some activities with a lustful component or of other activities that involve exhibition of body in an obscene manner.
Teachers have duties and responsibilities of professional, material and moral nature, which guarantee realization of the instructive-educational process, according to the law.
The teaching staff, auxiliary teaching staff as well as the management, guidance and control staff in education are disciplinary responsible for violating their duties according to the individual labour contract and for violation of behavioural rules that harms the interest of education and the prestige of institution.
According to Law 1/2011 (Art. 280), the teaching staff, the auxiliary teaching staff, as well as the management, guidance and control staff in the pre-university education are subject to disciplinary liability for the violation of the duties incumbent upon them according to the individual employment contract, such as and for violating the norms of behavior that harm the interest of the education and the prestige of the unit / institution, according to the law. The disciplinary sanctions that can be applied are:
a) written observation;
c) decrease of the basic salary, cumulated, when appropriate, with the management, guidance and control allowance, up to 15%, for a period of 1-6 months;
d) the suspension, for a period of up to 3 years, of the right to enroll in a competition for the occupation of a higher educational function or for obtaining the didactic degrees or for a management, guidance and control function;
e) dismissal from the position of management, guidance and control in education;
f) disciplinary dismissal of the individual employment contract.
In the preuniversity education units, the sanction proposal is made by the headmaster or at least 1/3 of the total number of the Administrative Board members or of the teachers' council. The hierarchically superior authorities have the same right.
A disciplinary sanction is applied:
- only after the investigation of the notified facts in writing
- the hearing of the concerned person and
- the examination of his/her statements in purpose of defence.
The entire procedure is conducted by a research committee appointed by certain management structures The entire procedure is conducted by a research commission appointed by the board of directors of the pre-university education unit, for its teaching and management staff or the Ministry of Education and Research, for the guidance and control functions within the Ministry of Education and Research, as well as for the management personnel from the county school inspectorates / of the municipality of Bucharest. At the end of investigation, the committee prepares and presents a report to the management structure who named it.
The managerial structure decides if there is or isn’t a guilt and, if necessary, sets the sanction to be applied.
The penalty depends on the gravity of the offense.
Throughout the procedure, the teacher has the right to be assisted by the education trade unions representatives and, if applicable, by his/her legal representatives.
The sanctioned teachers have the right to appeal the sanctioning decision at the level of local or central discipline/honour college organized at school inspectorate level, respectively at the Ministry of Education and Research level.
The decision of the discipline/honour college is final and it may be appealed only in court.
If the sanctioned person has not committed any other disciplinary violations during a year after the application of the sanction, the authority that applied it may dispose its rise and erasure (except for dismissal or disciplinary dismissal).
Disciplinary cancellation of the labour contract (disciplinary dismissal) is an extremely rare situation and may occur only after extremely serious misconduct - such as physical injury of pupils by purpose or by serious negligence, actions falling under the criminal law, illegal benefits from students, etc.
The disciplinary termination of the work contract is disposed by the employer - the general school inspector or the Ministry of Education and Research.
Retirement and pensions
Teachers benefit of pension for their work and age limit, pension for loss of their work ability, supplementary pension and other social insurance rights, under the law.
Family members may benefit of survivorship pension, under the law.
As a general rule, teachers can retire at the end of the school year. In exceptional circumstances, teachers can retire also during the school year, with the school inspectorate approval.
Retired teachers can conduct educational activities with part-time or hourly payment, after the retirement age.
Teaching staff who carried out teaching activities after retirement and after the age of legal retirement, benefits of an additional pension recalculation for the work performed, under the law.