Romanian Labour Code - Title II - Chapter 5 - Section 3 - Dismissal for reasons related to the person of the employee

Extended Contents

Romanian Labour Code

General provisions
(Title I - art. 1-9)
The individual employment contract
(Title II - art. 10-107)
Working time and
rest period
(Title III - art. 108-153)
Remuneration
(Title IV - art. 154-170)
Health and safety
at work
(Title V - art. 171-187)
Vocational training
(Title VI - art. 188-213)
Social dialogue
(Title VII - art. 214-235)
Collective labour agreements
(Title VIII - art. 236-247)
Labour disputes
(Title IX - art. 248-253)
Labour Inspectorate
(Title X - art. 254-256)
Legal liability
(Title XI - art. 257-280¹)
Labour jurisdiction
(Title XII - art. 281-291)
Final and transitional provisions
(Title XIII - art. 292-298)

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TITLE II - The individual employment contract

CHAPTER 5 - Cessation of the individual employment contract

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.

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