Dismissal for reasons not related to the employee in Romania
In the modern society, dismissal in Romania is a common process in the professional environment, being a cause of termination of employment relations. The Romanian Labor Code provides two hypotheses of dismissal, respectively dismissal for reasons related to the employee, respectively dismissal for reasons not related to the employee. This article examines the essential aspects, legal consequences and recovery alternatives of the employee in case of dismissal for reasons not related to the employee. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a lawyer specialized in labor law, labor disputes and dismissal of employees in Romania who can provide you with tailored legal assistance in the event of violation of the rights of the employee regarding the termination of employment relations in Romania.
According to the Romanian Labor Code, dismissal for reasons not related to the employee is the termination of the individual employment contract resulting from the abolition of the job occupied by the employee in Romania. This can be done both individually and collectively. Where dismissal it comes to dismissal for reasons not related to the employee, the employee in Romania shall benefit from active measures to combat unemployment and may receive compensation.
Collective dismissal in Romania
As regards collective dismissal in Romania, this consists in the dismissal of some employees according to the number of employed people, respectively the dismissal of at least 10 employees (if the employer has more than 20 employees and less than 100 employees), the dismissal of at least 10% of employees (if the employer has at least 100 employees, but less than 300 employees) or at least 30 employees (if the employer who makes the redundancy has at least 300 employees). The employer is required to consult and reach an agreement with the trade union or employee representatives, so as to limit the number of redundancies and contribute to mitigating the consequences of dismissal by developing a plan to provide support to dismissed employees.
If, following consultations with the trade union or employee representatives, the employer decides to apply the measure of collective dismissal in Romania, then he is obliged to notify the trade union or employee representatives, as well as the territorial labor inspectorate and the territorial employment agency.
However, the employee in Romania has the right to be re-employed as a priority if the job is re-established, having a period of 5 calendar days from the date of communication of the employer to accept the job offered.
A lawyer specialized in labor law, labor disputes and dismissal of employees in Romania can provide you with specialized legal assistance in the field of labor law, especially in the case of abusive dismissals in Romania, so that employee‘s rights are protected.
Consequences of unlawful dismissals in Romania
In practice, there are many situations where dismissal is wrongly ordered. The employee in Romania has the opportunity to file a court action to appeal the dismissal decision. If the court annuls the dismissal decision, the employer will be obliged to pay compensation equal to the indexed, increased and updated wages and the other rights that the employee in Romania would have benefited from. At the request of the employee, the court that ordered the cancellation of the dismissal in Romania will restore the parties in the situation prior to the issuance of the dismissal decision, but if the party does not request the restoration of the previous situation, the individual employment contract will be terminated by law on the date of the final judgment.
In conclusion, the employment relationship in Romania can be terminated by dismissal, being sometimes put into practice in an abusive way, which is why Pavel, Margarit and Associates Romanian Law Firm recommends contacting a lawyer specialized in labor law, employment disputes and dismissal in Romania who can provide you with the highest quality legal assistance in case of abusive dismissals or in any other legal issue in the field of labor law in Romania.