Romanian Labour Code - Title II - Chapter 5 - Section 5 - Collective redundancy. Information, consultation and procedure of collective redundancies of employees

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 5 - Collective redundancy. Information, consultation and procedure of collective redundancies of employees

Art. 68. [legal definition of collective redundancy]
(1) (1) “Collective redundancy” means the dismissal, within a timeframe of 30 calendar days, on one or several reasons not related to employee’s person, of a number of:
a) at least 10 employees, when the dismissing employer has more than 20 employees, but less than 100 employees;
a) at least 10% of the employees, when the dismissing employer has at least 100 employees, but less than 300 employees;
a) at least 30 employees, when the dismissing employer has at least 300 employees.
(2) When establishing the actual number of employees under collective redundancy, according to paragraph (1), the employees whose individual employment contracts ceased on employer’s initiative, on one or several reasons not related to employee’s person, shall also be taken into account, provided that at least five dismissals exist.

Art. 69. [notification of the intended collective redundancy]
(1) When the employer contemplates a collective redundancy, it shall initiate, in good time and with a view to reaching an agreement, under the terms provided for in the law, consultations with the trade union or, as the case may be, with the representatives of the employees, at least on the following issues:
a) methods and means to avoid the collective redundancies or to reduce the number of employees to be dismissed;
b) mitigation of the collective redundancy consequences by relying on social measures aiming, among others, at the vocational training or retraining of the dismissed employees.
(2) During the consultations, according to paragraph (1), with a view to allowing the trade union or the representatives of the employees to draft proposals in good time, the employer shall provide all relevant information and notify them in writing of the following:
a) the total number and categories of employees;
b) the reasons leading to the considered collective redundancy;
c) the number and categories of employees to be affected by dismissal;
d) the criteria taken into account, according to the law and/or collective labour agreements, for ranking the dismissals;
e) the measures considered with a view to limiting the number of dismissals;
f) the measures to reduce the consequences of the collective redundancy and the compensations to be granted the dismissed employees, according to the legal provisions and/or the applicable collective labour agreement;
g) the starting date or the period of the dismissals;
h) the deadline for the proposals of the trade union or, as the case may be, of the representatives of the employees, to avoid or reduce the number of dismissed employees.
(3) The obligations provided for in paragraphs (1) and (2) shall be observed no matter whether the decision determining the collective redundancy is taken by the employer or an undertaking controlling the employer.
(4) Should the decision determining the collective redundancy be taken by an undertaking controlling the employer, the latter cannot invoke, as a reason for not complying with the obligations provided for in paragraphs (1) and (2), the fact that the undertaking has not provided the necessary information.

Art. 70. [communication of the intended collective redundancy to the authorities]
An employer shall forward a copy of the notification provided for in Article 69 (2) to the territorial labour inspectorate and the local public employment office on the same date it has been forwarded to the trade union or, as the case may be, to the representatives of the employees.

Art. 71. [employee consultation ]
(1) The trade union or, as the case may be, the representatives of the employees, may propose the employer measures to avoid the dismissals or to reduce the number of dismissed employees, within 10 calendar days after receiving the notification.
(2) The employer shall give a written and grounded answer to the proposals prepared according to the provisions of paragraph (1), within five calendar days from their reception.

Art. 72. [notification of collective redundancy]
(1) When, following the consultations with the trade union or the representatives of the employees, according to the provisions of Articles 69 and 71, the employer decides to apply the collective redundancy measure, it shall notify in writing the territorial labour inspectorate and the local public employment office, at least 30 calendar days before issuing the dismissal decisions.
(2) The notification provided for in paragraph (1) shall include all relevant information concerning the intended collective redundancy, as provided for in Article 69 (2), and the outcome of the consultations with the trade union or the representatives of the employees, as provided for in Article 69 (1) and 71, in particular the reasons of the dismissals, the total number of employees, the number of employees affected by dismissal and the starting date or the period of the dismissals.
(3) An employer shall forward a copy of the notification provided for in paragraph (1) to the trade union or the representatives of the employees, on the same date it has been forwarded to territorial labour inspectorate and the local public employment office.
(4) The trade union or the representatives of the employees may forward their potential opinions to the territorial labour inspectorate.
(5) At the reasoned request of any party, the territorial labour inspectorate, after receiving the opinion of the local public employment office, may order the reduction of the period provided for in paragraph (1), without prejudice to the individual rights concerning the notice period.
(6) The territorial labour inspectorate shall notify in good time the employer and the trade union or the representatives of the employees, as the case may be, of the reduction of the period provided for in paragraph (1), and of the reasons of such decision.

Art. 73. [postponement of collective redundancy]
(1) During the period provided for in Article 71¹ (1), the local public employment office shall explore solutions for the issues raised by the intended collective redundancy and notify them in good time to the employer and the trade union or, as the case may be, the representatives of the employees.
(2) At the reasoned request of any party, the territorial labour inspectorate, after consulting the local public employment office, may order the postponement of the decision with maximum 10 calendar days, in case the issues related to the collective redundancy envisaged may not be solved within the deadline set in the collective redundancy notification provided for in Article 71¹ (1) as the date of the dismissal decisions.
(3) The territorial labour inspectorate shall notify in writing the employer and the trade union or the representatives of the employees, as the case may be, of the postponement of the dismissal decisions, and of the reasons of such decision, before the end of the original period provided for in Article 71¹ (1).

Art. 74. [employment of new personnel after the collective redundancy]
(1) An employer deciding a collective redundancy may not employ new personnel for the workplaces of the dismissed employees for a period of nine months from the date of their dismissal.
(2) If, during this period, the activities whose interruption led to the collective redundancy are resumed, the employer shall send the dismissed employees a written communication for this purpose and employ them again in the same workplaces as before, without any examination, contest or probationary period.
(3) The employees shall have a deadline of maximum 10 working days from the notification of the employer, according to the provisions of paragraph (2), to express their written agreement on the proposed workplace.
(4) If the employees entitled to be employed again according to paragraph (2) do not agree in writing within the deadline provided in paragraph (3) or refuse the workplace provided, the employer may employ new personnel for the vacant positions.

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