Employment contract in Romania suspension, termination (resignation and dismissal)
When the employment contract is suspended
The employment contract may be suspended by agreement of the parties or only by decision of one of the parties, in the following situations:
- maternity or paternity leave;
- parental leave;
- sick or disabled childcare leave;
- vocational training leave;
- temporary incapacity for work;
- quarantine, force majeure, strike;
- fulfilling a paid management position in the union;
- if the notices, attestations and authorizations for the respective job have expired (if they are not renewed within six months, the employment contract terminates);
- if the employee has unjustified absences or is under disciplinary investigation;
- if the employer temporarily interrupts the activity.
During the suspension of the individual employment contract, the employee no longer receives a salary.
When the employment contract ends
The employment contract may be terminated by resignation or dismissal. In both cases, it is mandatory to respect a notice period of at least 20 working days, depending on the job you had, before you finish your work.
If the contract ends during the probationary period, the notice period is no longer required, only a written notification.
Dismissal is the termination of the individual employment contract at the initiative of the employer and, according to Article 58 of the Labor Code, may be ordered for reasons related to the person of the employee or for reasons not related to him.
Dismissal for reasons related to the person of the employee
In this case, the reasons that may lead to dismissal are:
- Serious deviation or repeated deviations from the rules of the workplace;
- The physical or mental incapacity of the employee, who can no longer exercise his duties corresponding to the position held;
- Pre-trial detention for more than 30 days;
- The employee does not correspond professionally to the job.
Dismissal for repeated misconduct or in case the employee does not professionally correspond to the job can be ordered only following a disciplinary investigation or an evaluation of the employee. In other words, the employer must have a very clear justification for the decision to fire a person, he cannot fire you for no reason.
Dismissal for reasons not related to the employee's person
Dismissal for reasons not related to the person of the employee, defined in Article 65 of the Labor Code, is determined by the termination of the job held by the employee and is not related to his person. This occurs, for example, when a company restructures its business, abolishes certain positions, or goes bankrupt.
According to the Labor Code, the termination of employment must have a real and serious cause. In addition, in such a situation, the employee or employees (in the case of collective redundancies) receive compensation and active measures to combat unemployment.
This means that the employer can see if there is a vacancy similar to the one held by the dismissed employee within the company or can notify the territorial employment agency (details of this process can be found on ANOFM) in order to redistribute the employee.
Notice and Dismissal Decision
The purpose of the notice is to prepare the ground for both parties (the employer and the employee) regarding the dismissal, providing a place for negotiation and reorganization.
According to Article 62 of the Labor Code, the employer has the obligation to issue in writing the dismissal decision and, under the sanction of absolute nullity, it must be motivated in fact and in law. This means that if the employer does not follow these steps and does not explain to you the reasons that led to your dismissal, the court may order the dismissal to be annulled.
The dismissal decision is taken into account and takes effect from the date of its communication to the dismissed employee, an essential detail if you want to dispute it.
The minimum notice period is 20 working days (whether it is an executive or management position), but there is freedom to negotiate this period with the employer. Throughout the notice, the employee enjoys the same rights mentioned in the individual employment contract.
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