written by In any employment relationship formalized through an individual employment contract, contractual clauses play an essential role in ensuring proper functioning between employer and employee. Beyond the mandatory elements of the IEC, legislation allows the inclusion of special clauses designed to protect the interests of both parties and clarify specific expectations related to the activity. Among these, the confidentiality clause is one of the most common — but it is not the only one. Below, we explain in simple terms what these clauses are, how they are used, and how to choose them appropriately.
What Are Special Clauses in the Individual Employment Contract?
Special clauses are additional elements negotiated between the employer and the future employee that can personalize how the activity is carried out. They are not mandatory, but can be introduced to address concrete needs of the parties. These clauses complement the general provisions of the employment contract and must be clearly formulated so that the rights and obligations of both sides are well understood.
Their purpose is to prevent unclear situations, define the limits of the collaboration, and protect the professional, economic, and legal interests of both parties.
What Special Clauses Can Be Included in the IEC?
The Labor Code expressly provides several “special clauses” that the employer and employee may negotiate and introduce into the IEC when necessary.
Professional Training Clause
This clause establishes the conditions under which the employee participates in professional training courses. If the training is initiated by the employer, they cover the costs, but may require the employee not to resign for a certain period. If the employee breaches this term, they may be required to reimburse the training costs.
If the employee initiates the training request, the employer evaluates it and decides whether to approve participation and whether to cover the costs.
Non-Compete Clause
The non-compete clause prohibits the employee, after the end of the contract, from performing similar activities for themselves or a third party that could harm the employer. This restriction must be accompanied by a mandatory monthly non-compete compensation paid by the employer.
To be valid, the clause must clearly specify:
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the prohibited activities,
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the geographical area,
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the applicable period (maximum 2 years),
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the compensation amount (at least 50% of the employee’s average gross salary of recent months).
This clause cannot prohibit the employee from exercising their profession entirely, and a court may limit its effects if considered excessive.
Mobility Clause
Through this clause, the employee agrees to carry out their work in multiple locations rather than a fixed workplace. In return, they receive financial compensation or benefits in kind, which must be expressly provided in the employment contract.
This clause is often used in fields where the nature of the activity requires travel, flexibility, and continuous adaptation to market dynamics or technological changes.
As more companies seek efficient ways to reduce administrative workloads and manage increasingly complex processes such as payroll, many employers choose to outsource these responsibilities.
Confidentiality Clause
The confidentiality clause is one of the most commonly used special clauses. It requires both parties not to disclose sensitive information, internal data, strategies, or procedures accessed during their collaboration. It applies both during the contract and after its termination.
Failure to comply may lead to liability for damages. This clause protects the company’s interests and is essential in industries where information is a competitive advantage. For proper and automated management of contracts, special clauses, and addendums, companies can rely on dedicated digital solutions. SaaS HR platforms simplify document management and reduce administrative risks.
Other Additional Clauses Permitted in the IEC
Beyond the special clauses explicitly mentioned by the law, employers and employees may negotiate additional clauses, as long as they do not violate labor legislation.
Objective (Performance) Clause
Through this clause, the employee undertakes to achieve a concrete, measurable objective. It may be accompanied by a success or performance clause that regulates bonuses or benefits granted if the objectives are met. If the objectives are not achieved, the employer may refuse to grant the bonus.
Stability Clause
This clause protects the employee by obligating the employer not to eliminate or modify their position for a certain period. However, the employer retains the right to dismiss the employee for reasons attributable to them.
If the employee is dismissed without fault during the stability period, they may receive additional compensation.
Extension Clause
This clause represents a promise to conclude a new contract once the existing one expires, whether for a fixed or indefinite term. To be valid, it must include all essential elements of the future contract.
Risk Clause and Delegation Clause
The risk clause is specific to activities with high occupational hazards and provides additional benefits for the employee (bonuses, special equipment, etc.).
The delegation clause allows the transfer of certain duties or responsibilities to another employee under specific conditions and with proper assumption of responsibilities.
How to Choose the Right Special Clauses
Selecting special clauses for an individual employment contract depends on the nature of the activity, the employee’s level of responsibility, and the company’s strategic interests.
Useful recommendations:
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Include a confidentiality clause in any position involving access to sensitive information, regardless of seniority.
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Use the non-compete clause only for strategic roles or those that may expose the company to commercial risks.
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Apply the mobility clause to dynamic roles requiring presence in multiple locations.
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Introduce the professional training clause when you invest in employee development and need a minimum guarantee of stability.
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Avoid restrictive clauses that are not justified by the role — they may be contested or create unnecessary tension.
Well-formulated special clauses contribute to predictable, transparent, and mutually beneficial work relationships.
If you need support with managing employment documents, contract updates, or correctly drafting special clauses, you can rely on Smartree’s personnel administration services.
We are Smartree, leaders in outsourcing and personnel administration services, active for 25 years in the Romanian HR market. We deliver innovative, strategic, and automated solutions for your HR challenges. In addition to payroll and HR specialists, legislative consultants, and creators of the MyStaff platform, our main goal is to be your trusted partner. Contact us for a discussion!
