In short: the nanny profession is regulated by Law no. 167/2014. A legal nanny must hold an officially recognised qualification, have full legal capacity, a medical clearance, a psychological assessment and a clean criminal record (except offences of negligence). She can work either as an employee of an accredited agency or as a registered self-employed person (PFA). Any other arrangement is undeclared work, with risks for both sides.
For many families in Cluj, a nanny is the solution until a nursery place opens up. This guide shows how to do it properly.
What the law says about who can be a nanny
Law no. 167/2014 (Official Gazette no. 922 of 18 December 2014) defines a nanny as a natural person — Romanian or foreign national with legal domicile or residence in Romania — qualified to provide childcare and supervision services.
The cumulative conditions:
| Condition | How it is proven |
|---|---|
| Nanny qualification title | Certificate obtained under Government Ordinance no. 129/2000 on adult vocational training |
| Full legal capacity | Identity document |
| Medically fit | Medical certificate |
| Psychologically fit | Psychological assessment report |
| No criminal record | Criminal record certificate (exception: offences of negligence) |
| Right to work in Romania (foreign nationals) | Residence and work documents |
“Has experience with children” does not replace the qualification title. The training course is a legal requirement, and the certificate must be issued under adult vocational training regulations.
The two legal forms of engagement
The law provides two options, and only two:
1. A nanny employed by an accredited agency. You contract the service with the agency, which is her employer. Advantages: the agency verifies documents, provides cover during illness, and carries contractual liability. Downside: higher cost.
2. A nanny as a registered self-employed person (PFA). You sign a services contract directly with her. Advantages: lower cost, direct relationship. Downside: verifying documents and ensuring continuity fall entirely on you.
What is not a legal option: cash payment with no contract. You have no protection if an incident occurs, no tax treatment, and in an inspection both parties are exposed.
What to check before signing
A short list, in order of importance:
- The qualification certificate — ask for the original, not a photo. Check who issued it.
- The criminal record certificate — recent, not two years old.
- Medical clearance and psychological assessment — both are legal requirements, not optional extras.
- Identity document and, for foreign nationals, the right to work in Romania.
- Verifiable references — actually phone the previous families; don’t stop at written messages.
- Legal form — PFA registration certificate or an agency contract.
Useful interview questions: what she does if there’s a fever or an accident, her experience with your child’s age group, how she communicates the day’s routine, what she does in an emergency and who she calls first.
What the contract must contain
Whatever the form, put in writing:
- The schedule — days, hours, what happens when it overruns;
- The location — at the child’s home or the nanny’s;
- The rate and payment method (bank transfer, for traceability);
- Specific duties — feeding, naps, walks, activities; and what is not included (general cleaning, other children);
- Holidays and days off, on both sides;
- Trial period and notice period;
- Confidentiality and rules on photographs of the child;
- Medical protocol — who administers medication, who to call first, where the medical file is.
Paying by bank transfer is not needless bureaucracy: it evidences the contractual relationship if a dispute ever arises.
What it costs, comparatively
A nanny is usually the most expensive option per hour, but offers maximum flexibility and much less illness exposure in the first year. For the detailed comparison with nursery and the grandparents option, see the dedicated guide: nanny, nursery or grandparents — what it costs in Cluj.
It is also worth checking whether the city hall offers financial support towards nanny services — some municipalities in Romania run such schemes, with income and eligibility conditions. ⚑ Check directly with Cluj-Napoca City Hall whether such support is currently active and on what terms.
On tax, the nursery and kindergarten deduction has its own rules — see the tax deduction and nursery vouchers, which do not automatically apply to nanny services.
Nanny or nursery: how to decide
| Criterion | Nanny | Nursery |
|---|---|---|
| Schedule | Flexible, negotiable | Fixed, usually 07:00–17:00/18:00 |
| Socialisation | Limited | A group of children, daily |
| Illness in year one | Few episodes | Frequent at the start |
| Hourly cost | Higher | Lower (especially state) |
| Continuity | Depends on one person | Institutional |
| If the carer falls ill | You have no cover | The group runs regardless |
Many families in Cluj combine the two: a nanny until a place opens, then nursery. If you’re on a waiting list, see what to do if you didn’t get a place and where to find free places.
Frequently asked questions
What conditions must a nanny meet legally? Under Law no. 167/2014: an officially recognised qualification title, full legal capacity, medical clearance, a psychological assessment report and a clean criminal record, except for offences of negligence.
Can I hire a nanny without a contract? Not legally. The law provides two forms: employed by an accredited agency, or registered self-employed with a services contract. Paying without a contract is undeclared work, with risks for both parties.
Does experience with children count instead of a qualification? No. The qualification title is obtained through a course, under adult vocational training regulations, and is a legal condition distinct from experience.
Which documents should I ask for before hiring? The original qualification certificate, a recent criminal record certificate, medical clearance, the psychological assessment report, identity document and proof of legal form (PFA or agency contract).
Is there financial support towards nanny costs? Some city halls in Romania run financial support schemes for nanny services, with eligibility conditions. Check directly with your local city hall whether such a scheme is active.
Nanny or nursery for a one-year-old? It depends on your priority: a nanny offers a flexible schedule and fewer illnesses in the first year, nursery offers socialisation, lower cost and institutional continuity. Many families start with a nanny and move to nursery when a place opens.
Sources
- Law no. 167/2014 on practising the nanny profession — Official Gazette no. 922 of 18 December 2014
- Law no. 167/2014 — full text
- The nanny profession: conditions and legal liability — AvocatNet
- Law no. 167/2014 — overview — LegeStart
- Cluj-Napoca City Hall — for any local support schemes
Conclusion
The difference between a legal nanny and one hired “on trust” only shows when something goes wrong. Those five documents — qualification, criminal record, medical clearance, psychological assessment, legal form — are not bureaucracy but exactly the protection you want around a one-to-three-year-old left in someone’s care.
And if a nanny is a bridge until a nursery place opens, track the options in your neighbourhood on the piticluj.ro interactive map. See also our data sources.