Evidence in Romanian Labour Law Litigation: Legal Framework, Review of the Academic Literature, and Current Case Law

Abstract

This article examines evidentiary rules and means of proof in Romanian labour disputes, focusing on the special procedural provisions of the Labour Code (Articles 270–275) and, in particular, the reversed burden of proof under Article 272. After outlining the normative and doctrinal framework, the paper analyses first-instance tribunal decisions delivered in November 2025 in order to assess how evidence is used in practice. The case-law consistently confirms the central role of documentary evidence in labour litigation: employment contracts, job descriptions, internal regulations, disciplinary files, payroll records, and other employer-held documents are not only the most frequently requested and admitted forms of proof but also the decisive basis for judicial reasoning in most cases. The study also addresses the treatment of electronic records (such as e-mails and extracts generated from internal IT systems), highlighting that their probative value is not automatic; courts require clear proof of content, relevance, and proper identification, and they refuse to rely decisively on incomplete or insufficiently specified electronic material. Witness testimony typically plays a complementary role, mainly to clarify the factual reality of work performance and working conditions where documents do not fully capture those aspects. Expert evidence is used when specialized knowledge is necessary – most commonly for quantifying salary-related claims or alleged damages and for resolving technical issues. Overall, the findings indicate that labour disputes are structurally document-driven, while the allocation of the burden of proof reinforces the employer’s duty to act diligently and to maintain transparent, comprehensive documentation.