On January 14, 2026, the Ministry of Labor, Family, Youth, and Social Solidarity issued an official statement clarifying the procedure for approving internal regulations within administrative-territorial units, confirming that these are approved by order of the mayor, and not by a local council resolution. This clarification follows a request made by the Association of Romanian Municipalities (ACoR), which noted the existence of inconsistent interpretations within local public administration.
On January 14, 2026, the Ministry of Labor, Family, Youth, and Social Solidarity issued an official statement clarifying the procedure for approving internal regulations within administrative-territorial units, confirming that these are approved by order of the mayor, and not by a local council resolution. This clarification follows a request made by the Association of Romanian Municipalities (ACoR), which noted the existence of inconsistent interpretations within local public administration.
In its official response to ACoR, the Ministry of Labor states that, according to the Labor Code, internal regulations are a document that governs the rights and obligations of employers and employees, disciplinary procedures, rules of conduct, and other matters pertaining exclusively to employment relationships. These regulations are drafted by the employer, in consultation with the union or employee representatives, as appropriate, and do not constitute a normative act of general interest falling within the jurisdiction of the legislative body.
Applying these principles to administrative-territorial units, the ministry states that the responsibility for drafting and approving internal regulations lies with the legal representative of the administrative-territorial unit, namely the mayor. According to the Administrative Code, the mayor exercises the powers of an employer, manages the employment relationships of the specialized staff, and represents the administrative-territorial unit in legal employment matters. Consequently, the internal regulations are approved by order of the mayor, and not by a decision of the local council.
This distinction is legally significant. The local council, as a deliberative body, adopts normative or individual decisions in areas of local interest, but cannot intervene in the management of labor relations within the mayor’s specialized staff. The local council’s involvement in approving internal regulations would constitute an overreach of its legal authority and pose a real risk of the annulment of administrative acts issued in this manner.
ACoR emphasized that the Ministry of Labor’s position helps clarify an issue that has led to confusion and inconsistent practices within local government, providing a clear legal framework for the exercise of employer responsibilities at the municipal and city levels. The Association’s initiative is relevant not only for the proper application of labor legislation but also for strengthening administrative capacity and good governance at the local level.
From a practical standpoint, this clarification requires a reassessment of administrative acts already adopted in some local administrative units (UATs) and, where internal regulations were approved by a local council resolution, a correction of the procedure through the issuance of a mayoral order. The uniform application of the rule established by the Ministry of Labor reduces legal risks and ensures compliance with current legislation.
