NEW ASPECTS REGARDING PROHIBITIONS ON TERMINATION OF EMPLOYEES IN ROMANIA
NEW ASPECTS REGARDING PROHIBITIONS ON TERMINATION OF EMPLOYEES IN ROMANIA

Summary/Abstract: The dismissal of employees cannot be ordered, temporarily, in situations provided for by art. 60 par. (1) of the Romanian Labor Code. The High Court of Cassation and Justice has established that the dismissal ban concerns exclusively the moment of issuing the dismissal decision, which cannot be located during the period in which the employee is temporarily incapacitated for work, proven by a medical certificate according to the law. The employer is prohibited from ordering the dismissal during the period in which the employee benefits from parental leave, as well as from the insertion incentive. The employment relationship may terminate during the probationary period while the employee benefits from the insertion supplement, but it cannot be of a discriminatory nature.

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