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Instrumente de accesibilitate

Termination details

The termination by law of the individual employment contract takes place:

  1. on the date of the employee's death or the employer's natural person, as well as in the case of the dissolution of the employer legal entity;

  2. on the date the court decision declaring death or interdiction of the employee or employer natural person becomes final;

  3. on the date of cumulative fulfillment of the standard age conditions and the minimum contribution period for retirement;

  4. as a result of the finding of absolute nullity of the individual employment contract;

  5. as a result of the admission of the request for reinstatement in the position occupied by the employee of a person fired illegally or for unfounded reasons;

  6. as a result of conviction to the execution of a custodial sentence;

  7. from the date of withdrawal by the competent authorities or bodies of the opinions, authorizations or certifications necessary to practice the profession;

  8. as a result of the prohibition of exercising a profession or a function, as a safety measure or supplementary punishment;

  9. on the date of expiry of the individual employment contract concluded for a fixed period;

  10. the withdrawal of the agreement of the parents or legal representatives, in the case of the employees aged between 15 and 16 years.

For the situations provided for in c)-j), the finding of the case of termination by law of the individual employment contract is made within 5 working days from its occurrence, in writing, by decision of the employer, and is communicated to the persons in the respective situations within 5 working days.

Termination of the individual employment contract through the agreement of the parties

Termination by agreement of the parties can take place both as a result of the employee's request and as a result of the employer's request, on the date agreed by them. If the parties agree that the termination of the individual employment contract will take place at a later date, until that date the contract will continue to produce all the effects, respectively the employee will perform the work until the last day of work, agreed by the parties and will benefit from all the rights arising from the employment relationship.

Neither party can be forced to accept the other party's request by which it wishes to terminate the employment contract.

 

Termination of the individual employment contract as a result of the unilateral will of one of the parties

DISMISSAL consists of the employer's unilateral will to terminate the individual employment contract. This can be ordered for reasons related to the employee or not related to the employee.

  1. Dismissal for reasons related to the employee

The employer can order dismissal for reasons that

are related to the employee in the following situations:

  • in the event that the employee has committed a serious misconduct or repeated misconduct from the rules of work discipline or from those established by the individual employment contract, the applicable collective labor agreement or the internal regulations, as a disciplinary sanction;

Dismissal for committing a serious misconduct or repeated misconduct from the rules of work discipline can only be ordered after the employer has carried out the prior disciplinary investigation.

  • in the event that the employee is preventively arrested or placed under house arrest for a period longer than 30 days, under the conditions of the Criminal Procedure Code;

  • in the event that, by decision of the competent bodies of medical expertise, the employee's physical and/or mental incapacity is found, which does not allow him to fulfill the duties corresponding to the job held;

  • in the event that the employee does not professionally correspond to the job in which he is framed. Dismissal can only be ordered after the prior evaluation of the employee, according to the evaluation procedure established by the applicable collective labor agreement or, in the absence of it, by the internal regulations.

If the employer orders dismissal for:

  • the employee's physical and/or mental incapacity

  • professional inadequacy

  • the reinstatement of the employee who was illegally dismissed

he has the obligation to propose to the employee other vacant jobs in the unit, compatible with the professional training or, as the case may be, with the working capacity established by the occupational medicine doctor. The employee has a period of 3 working days from the communication of the employer, to express in writing his consent regarding the new job offered.

In the situation in which the employer does not have vacant jobs, he has the obligation to request the support of the territorial employment agency.

 

  1. Dismissal for reasons not related to the employee

  1. Individual dismissal

Termination of the individual employment contract determined by the elimination of the job occupied by the employee, for one or more reasons unrelated to the employee.

The elimination of the job must be effective and have a real and serious cause.

  1. Collective dismissal

In a period of 30 days, for one or more reasons not related to the employee, of a number of:

  • at least 10 employees, if the employer has between 21 – 99 employees;

  • at least 10% of the employees, if the employer has between 100 – 299 employees;

  • at least 30 employees, if the employer has at least 300 employees.

 

In the event that the employer intends to carry out collective dismissals, he has the obligation to initiate, in a timely manner and for the purpose of reaching an agreement, under the conditions provided by law, consultations with the union or, as the case may be, with the employees' representatives, regarding at least:

  • the methods and means of avoiding collective dismissals or reducing the number of employees who will be dismissed;

  • the mitigation of the consequences of dismissal by resorting to social measures aimed at, among other things, support for the retraining or professional conversion of dismissed employees.

During the period in which consultations take place, in order to allow the union or the employees' representatives to formulate proposals in a timely manner, the employer has the obligation to provide them with all relevant information and to notify them, in writing, the following:

  • The total number and categories of employees;

  • The reasons that determine the planned dismissal;

  • The number and categories of employees who will be affected by the dismissal;

  • The criteria taken into account, according to the law and/or collective labor agreements, for establishing the order of priority for dismissal;

  • The measures taken into account to limit the number of dismissals;

  • The measures to mitigate the consequences of the dismissal and the compensations to be granted to the dismissed employees, according to the legal provisions and/or the applicable collective labor agreement;

  • The date from which or the period in which the dismissals will take place;

  • The deadline within which the union or, as the case may be, the employees' representatives can make proposals to avoid or reduce the number of dismissed employees.

Within 10 calendar days from the date of receipt of the notification, the employees' representatives can propose measures to the employer in order to avoid dismissals or reduce the number of dismissed employees.

The employer has the obligation to:

  • to respond in writing and with reasons, within 5 calendar days from the receipt of the proposals formulated by the union or the employees' representatives

  • communicate a copy of the notification to the territorial labor inspectorate and the territorial employment agency on the same date on which it communicated it to the union or, as the case may be, to the employees' representatives.

Issuing the notices of prior notice

The employees affected by collective dismissal benefit from a notice period that cannot be less than 20 working days. Therefore, before issuing the dismissal decisions, the employer must issue and communicate to the employees the prior notice notification. The notice period starts to run from the day following the communication of the prior notice notification and expires on the last day of the term.

 

Issuing the dismissal decisions

The dismissal decisions are issued individually and must include the reasons that determine the dismissal, the duration of the notice period, the separation criteria, the list of all available jobs in the unit and the term in which the employees must choose to occupy a vacant job. The decision will also indicate the deadline for contesting it and the competent court.

  1. Termination of the individual employment contract through resignation.

The individual employment contract ceases on the date of expiry of the notice period or on the date of total or partial waiver by the employer of the respective term.

  • The resignation represents the manifestation of the will of the employee who, through a written notification, communicates to the employer the termination of the individual employment contract, after the expiry of a notice period;

  • the employer cannot contest the act of resignation, being obliged to accept it;

  • the employee cannot be forced to resign nor be asked by the employer to write “A blank resignation”;

  • the employee has the right not to motivate the resignation.

  • the employee can communicate directly through postal services or through e-mail, if it is a form of communication recognized between the employee and the employer;

  • the resignation is not necessary during the trial period, because in this case neither motivation nor granting a notice period is necessary. A written notification from the employer or the employee is sufficient;

  • In the situation in which during the notice period the individual employment contract is suspended (medical leave/vacation leave), the notice period is suspended accordingly.

The notice period in the case of resignation is the one agreed by the parties in the individual employment contract or, as the case may be, the one provided in the applicable collective labor agreements and cannot be greater than 20 working days for employees with executive positions, respectively greater than 45 working days for employees who hold management positions.

  • Throughout the notice period, the individual employment contract continues to produce all its effects, so that the employee is obliged to perform work for the benefit of the employer until the last day of the notice period, and the employer is obliged to pay him the salary and to grant him all the other rights until the last day of the notice period.

  • In the situation in which during the notice period the individual employment contract is suspended, the notice period will be suspended accordingly, except for the case in which the contract is suspended for unjustified absences.

Waiver of notice

The employer can waive the notice period (totally or partially), because this right is provided for in the Labor Code. In this situation, the contract is terminated by resignation and not by agreement of the parties.

The employee can also resign without notice if the employer does not fulfill the obligations assumed through the individual employment contract, as well as in the case of violation by the employer of the obligations arising from the law or from the collective labor agreement.