capitolul Romanian Labour Code - Title II - Chapter - 5 - Cessation of the individual employment contract
 

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TITLE II - The individual employment contract
CHAPTER 5 - Cessation of the individual employment contract
SECTION 1 - Cessation dejure of the individual employment contract
Art. 56. [cases of cessation de jure of the individual employment contract]
An individual employment contract shall cease de jure:
a) on the date of employee death;
b) on the date of the final judgment certifying the death or legal guardianship of the employee;
c) repealed;
d) on the date the decision of employee old-age retirement, full or partial early retirement or invalidity retirement has been notified according to the law;
e) following the establishment of the absolute nullity of the individual employment contract, from the date the nullity was established by agreement of the parties or by final judgment;
f) when the demand of reinstatement in the position held by a person unlawfully or groundlessly dismissed has been admitted, from the date of the final reinstatement judgment;
g) following the conviction to a prison term, from the date of the final judgment;
h) from the date the competent authorities or bodies withdraw the approvals, authorizations or attestations necessary for the exercise of the profession;
i) following the interdiction to practice a profession or a function, as a safety measure or complementary punishment, from the date of the final interdiction judgment;
j) at the end of the individual employment contract of limited duration;
k) following the withdrawal of the agreement of the parents or legal representatives, for the employees from fifteen to sixteen years old.
Art. 57. [nullity of the employment contract]
(1) The breach of any legal condition required for the valid conclusion of the individual employment contract shall void it.
(2) The establishment of the nullity of the individual employment contract shall take effect for the future.
(3) The nullity of the individual employment contract may only be covered by the subsequent fulfilment of the conditions imposed by the law.
(4) Should a clause be affected by nullity, for having established rights or obligations for the employees contrary to mandatory statutory provisions or applicable collective labour agreements, it shall be replaced de jure with the statutory provisions or the provisions of the collective agreement, and the employee shall have the right to indemnification.
(5) A person having carried out an activity under a voided individual employment contract shall have the right to remuneration, according to the accomplishment of the duties.
(6) The establishment of the nullity and, according to the law, of its effects may be take place by agreement of the parties.
(7) Should the parties fail to agree, the nullity shall be pronounced in court.
SECTION 2 - Dismissal
Art. 58. [legal definition and types of dismissal]
(1) A dismissal is the cessation of the individual employment contract on the initiative of the employer.
(2) A dismissal may be decided for reasons related to the person of the employee or for reasons not related to the employee.
Art. 59. [prohibition of permanent dismissal ]
The dismissal of the employees shall be prohibited:
a) based on sex, sexual orientation, genetic characteristics, age, national affiliation, race, colour, ethnicity, religion, political option, social origin, disability, family situation or responsibility, trade union affiliation or activity;
b) based on the exercise, under the terms of the law, of the right to strike and to unionisation.
Art. 60. [prohibition of temporary dismissal]
(1) The dismissal of the employees may not be decided:
a) during the temporary disability, as certified by a medical certificate according to the law;
b) during the quarantine leave;
c) during the pregnancy of the employee, insofar as the employer took knowledge of it prior to issuing the dismissal decision;
d) during the maternity leave;
e) during the parental leave for children under two years of age or, in the case of a disabled child, up to the age of three years;
f) during the parental leave for children under seven years of age or in the case of a disabled child, for intercurrent diseases, up to the age of eighteen years;
g) during the compulsory military service;
h) during the exercise of an elective office in a trade union, except for the case where the dismissal is decided for serious or repeated disciplinary offences of that employee;
i) during the leave.
(2) The provisions of paragraph (1) shall not apply in the case of dismissal due to reasons related to the legal reorganization or bankruptcy of the employer, under the terms of the law.
SECTION 3 - Dismissal for reasons related to the person of the employee
Art. 61. [cases of dismissal for subjective reasons]
An employer may decide the dismissal for reasons related to the person of the employee in the following cases:
a) when the employee has committed a serious or repeated disciplinary offence related to the labour discipline rules or the rules laid down in the individual employment contract, applicable collective labour agreement or rules of procedure, as a disciplinary sanction;
b) when the employee has been taken into preventive custody for more than 30 days, under the terms of the Code of Criminal Procedure;
c) when, by decision of the competent medical examination bodies, a physical and/or mental inability of the employee is found, not allowing him/her to fulfil the duties corresponding to the position held;
d) when the employee is not professionally fit to the workplace where he/she is employed;
e) when the employee fulfils the standard age and period of contribution conditions and has not requested retirement, under the terms of the law.
Art. 62. [dismissal decision]
(1) (1) When the dismissal has been caused by one of the reasons provided for in Article 61 (b)-(d), the employer shall issue the dismissal decision within 30 calendar days from the establishment of the cause of dismissal.
(11) When the dismissal has been caused by the reason provided for in Article 61 (a), the employer may only issue the dismissal decision under the provisions of Articles 263-268.
(2) The decision shall be issued in writing and shall, on pain of absolute nullity, be motivated in fact and in law and shall specify the appeal deadline and the competent court.
Art. 63. [preliminary hearing]
(1) The dismissal caused by serious or repeated disciplinary offence against the labour discipline rules may only be decided after the employer carries out the preliminary disciplinary hearing and within the deadline laid down in this Code.
(2) The dismissal of the employee for the reason provided in Article 61 (d) may only be decided after a prior assessment of the employee, according to the assessment procedure established in the applicable collective labour agreement, concluded at national level, branch level or group of employers level, and in the rules of procedure.
Art. 64. [mandatory reallocation proposal]
(1) When the dismissal is decided for the reasons provided for in Article 61 (c) and (d) or when the individual employment contract ceases de jure on the basis of Article 56 (f), the employer shall propose the employee other vacant positions in the organization, which are compatible with his/her professional background or, as the case may be, with the work capacity, as established by the occupational medicine physician.
(2) When the employer has no vacancy in the meaning of paragraph (1), it shall request the support of the local public employment office in order to reallocate the employee, according to his/her professional background and/or, as the case may be, according to the work capacity, as established by the occupational medicine physician.
(3) An employee shall have a deadline of three working days from the notification of the employer, according to the provisions of paragraph (1), for the expression of his/her written agreement on the newly offered workplace.
(4) If the employee does not express his/her agreement within the deadline provided for in paragraph (3), and after notifying the local public employment office of the case according to paragraph (2), the employer may dismiss the employee.
(5) In case of dismissal for the reason provided for in Article 61 (c), the employee shall receive a benefit, under the terms of the applicable collective labour agreement or the individual employment contract, as the case may be.
SECTION 4 - Dismissal for reasons not related to the person of the employee
Art. 65. [dismissal for objective reasons]
(1) A dismissal for reasons not related to the person of the employee is the cessation of the individual employment contract determined by the elimination of the workplace of the employee, for one or several reasons not connected to employee’s person.
(2) The elimination of the workplace must be effective and have a real and serious cause.
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