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Are employers required to give notice of termination?
Employers must give notice of termination (of at least 20 working days) in only the following cases:
- termination for medical reasons;
- termination for professional misconduct; and
- termination for reasons unrelated to the employee’s person (ie, restructuring of his or her position).
What are the rules that govern redundancy procedures?
Under Romanian law, redundancy may occur in case of dismissal due to the elimination of the employee’s position. However, the elimination of the position should be:
- effective (the position should be eliminated from the organisational chart of the company); and
- determined by a real and serious cause.
In practice, the courts have held that a position is effectively eliminated if it is removed from the organisational chart of the company. However, such removal has not been considered effective if the position was reinstated under a different designation (with similar or identical job-related tasks) or within a short period of being removed.
Procedurally, the following steps must be taken:
- drafting a document containing the arguments behind the decision to eliminate the position from the organisational chart of the company (in practice, the economic reasons behind the decision);
- adopting the internal decision to eliminate the position from the company’s organisational chart;
- modification of the organisational chart;
- notifying the employee of the termination (observing the relevant notice period); and
- issuing the termination of employment decision.
Are there particular rules for collective redundancies/mass layoffs?
Under Romanian labour law, collective redundancy is established if a certain number of employees are dismissed within a period of 30 calendar days. The number of dismissed employees is calculated by reference to the total number of employees. In order to qualify the process as a collective redundancy, the employment contracts terminated at the employer’s initiative, with no connection to the employee, will also be taken into account.
The law regulates in detail the procedure to effect a collective redundancy, including a period of exchanges between the union or the employee’s representatives on one side and the employer on the other, and notifications to the local labour agency.
What protections do employees have on dismissal?
Dismissal cannot be adopted:
- during temporary incapacity from work;
- during the suspension of activity due to quarantine;
- in case of pregnant female employees, if the employer is aware of pregnancy before the dismissal decision;
- during maternity leave;
- during child-rearing leave in the case of children with disabilities;
- during leave for raising a child under two or three years (in the case of a child with disabilities);
- during the leave for caring for a sick child under 7 years or, in case of children with recurrent disabilities, under 18 years;
- during annual leave.
It is also forbidden to dismiss an employee:
- based on criteria such as gender, sexual orientation, genetic characteristics, age, nationality, race, colour, ethnicity, religion, political option, social origins, disability, family situation or responsibility, union membership or activity; or
- for making use of the right to strike and union rights, as provided by the law.
Special protection is guaranteed for an employee dismissed collectively; within 45 days of dismissal, the employee has the right to take priority in being rehired for the same position without interview.
Any dismissal decision issued without complying with the legal procedure is void.
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