Stimulentul de inserție și interdicția concedierii
Insertion Incentive and Dismissal Prohibition

Summary/Abstract: The insertion incentive represents a state instrument, a benefit granted to employees (women or men) to resume work during the childcare leave for children up to the age of 2, or up to 3 years in the case of children with disabilities, or to give up this leave altogether. As an exception, the incentive is also granted after the exhaustion of the mentioned leave, until the child with disabilities reaches the age of 3 or 4 years, as applicable. It follows that, in the situation discussed, there is a cumulation of salary rights with the insertion incentive.For the protection of the employee, Article 25 paragraph 2 of Government Emergency Ordinance no. 111/2010 stipulates that the employer is prohibited from dismissing the concerned individuals not only during the childcare leave—which is natural—but also during the period in which they benefit from the insertion incentive.However, the provisions of Article 25 paragraph (2) of the same legal act come into conflict with the provisions of the Labor Code, which regulates the dismissal of employees for reasons related to their person (Article 61), as well as for reasons unrelated to the individual (Article 65).This is why the author analyzes the relevant legal grounds and formulates de lege ferenda proposals.

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