Procedural requirements for individual dismissals - Romania - 2017
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- Labour Code (Law n░ 53/2003 of 24 January 2003 as amended on November 18 2016 with the Law No 220/2016, published in the Official Gazette No. 345)
Date: 18 Nov 2016; view website »
- Act No. 40/2011 of 31 March 2011 amending the Labour Code (available in Romanian only)
Date: 31 Mar 2011; view website »
- Law no. 168/1999 regarding labour disputes resolution, November 1999, as last amended in July 2007 by Law No. 261/2007
Date: 19 Jul 2007; view website »
Notification to the worker to be dismissed: written
- - Dismissal for objective reasons: art. 62 LC (on disciplinary dismissal, see also art. 268 on the procedural requirements applicable to disciplinary dismissals).
- Dismissal for subjective reasons:art. 74 LC.
- See art. 75 LC(former art. 73), as amended by Act No. 40/2011:
When the dismissal is based on the following grounds:
- physical or mental inability to work;
- professional inadequacy;
- redundancy (objective reasons);
the employees shall now have the right to a notice of at least 20 working days [instead of 15 days previously].
This does not apply to the dismissal of worker under a probationary period, when the dismissal is based on professional inadequacy.
No notice shall be observed when the dismissal is based on disciplinary grounds.
- tenure ≥ 6 months
- tenure ≥ 9 months
- tenure ≥ 2 years
- tenure ≥ 4 years
- tenure ≥ 5 years
- tenure ≥ 10 years
- tenure ≥ 20 years
Pay in lieu of notice: No
Notification to the public administration: No
- No general obligation to notify the administration.
However, notification is requested in some specific cases as provided by art. 64 LC:
Before carrying out a dismissal based on professional inadequacy or on mental or physical disability, the employer must offer the employee other vacant positions within the company, which are compatible with his/her professional background or, with the work capacity, as established by the occupational health doctor. When no such vacancy is available, the employer must inform the competent territorial employment agency an request its support for redeploying the employee.
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No