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Instrumente de accesibilitate





Suspension of the employment contract

Suspension of the employment contract

Suspension by right, by effect of the law, of the individual employment contract

  • maternity leave;

  • leave for temporary incapacity for work;

  • quarantine;

  • the exercise of a function within an executive, legislative or judicial authority, for the entire duration of the mandate, unless the law provides otherwise;

  • fulfillment of a paid management function in the union;

  • force majeure;

  • if the employee is under preventive arrest, under the conditions of the Criminal Procedure Code;

  • from the date of expiry of the period for which the approvals, authorizations or attestations necessary for the exercise of the profession were issued. If within 6 months the employee has not renewed the approvals, authorizations or attestations necessary for the exercise of the profession, the individual employment contract terminates by law;

  • in other cases expressly provided by law.

Suspension of the employment contract on the initiative of the employer

  • In case of interruption or temporary reduction of activity, without termination of the employment relationship, for economic, technological, structural or similar reasons;

In case of temporary reduction of activity, for economic, technological, structural or similar reasons, for periods exceeding 30 working days, the employer has the possibility to reduce the working hours from 5 days to 4 days per week, with the corresponding reduction in salary, until the situation that caused the reduction of the program is remedied, after prior consultation with the representative union at the unit level or the employees' representatives, as the case may be.

  • If the employee has been subjected to the measure of judicial control or judicial control on bail, under the conditions of the Code of Criminal Procedure, if obligations have been established for him/her that prevent the execution of the employment contract, as well as if the employee is under house arrest and the content of the measure prevents the execution of the employment contract;

  • during the period of secondment;

  • during the suspension by the competent authorities of the opinions, authorizations or attestations necessary for the exercise of the professions;

  • during the temporary suspension of the activity and/or its reduction as a result of the declaration of the state of siege or the state of emergency according to art. 93 paragraph (1) of the Constitution of Romania, republished.

Suspension of the employment contract by mutual agreement of the parties

The individual employment contract may be suspended, by agreement of the parties, in the case of unpaid leave for studies or personal interests.

Suspension at the employee's initiative

  • The individual employment contract can be suspended at the employee's initiative in the following situations:

a) leave for raising a child up to 2 years old or, in the case of a child with a disability, up to the age of 3;

b) leave to care for a sick child up to the age of 7 or, in the case of a child with a disability, for intercurrent conditions, up to the age of 18;

c) paternal leave;

d) leave for professional training;

e) exercising elective functions within professional bodies constituted at central or local level, throughout the duration of the mandate;

f) participation in the strike;

g) accommodation leave;

h) carrying out, based on a contract concluded under the conditions of the law, a specific activity as a maternal assistant, personal assistant to a person with a serious disability or professional personal assistant.

  • The individual employment contract may be suspended in the event of the employee's unjustified absences, under the conditions established by the applicable collective labor agreement, the individual employment contract, as well as by the internal regulations.v