Navigating Employee Dismissal in Romania: Risks, Tips, and Best Practices

Have you ever wondered how the employee dismissal process works in Romania?

What are the legal requirements, risks, and best practices to ensure a smooth termination of employment?

In this article, we explore the intricacies of employee dismissal in Romania, covering everything from labor laws and wrongful termination to the termination process itself.

Reasons for Dismissal in Romania

In Romania, employers may dismiss employees for two sets of reasons:

• employee-related reasons and
• reasons not related to the employee

It is crucial for employers to have valid and lawful grounds for dismissal to avoid claims of unfair dismissal.

Understanding these reasons will help employers make informed decisions when it comes to terminating an employee’s contract.

Employee-Related Reasons

Employee-related reasons for dismissal in Romania include:

• Disciplinary misconduct: Instances where an employee fails to adhere to company rules and regulations, resulting in serious misconduct.
• Physical/mental incapacity: Cases where an employee is unable to perform their job duties due to physical or mental reasons that significantly affect their work performance.
• Professional inadequacy: Situations where an employee consistently demonstrates a lack of skills or competence required for their position.

Reasons Not Related to the Employee

Dismissal reasons not related to the employee include:

• Redundancy due to economic, financial, or organizational grounds: This occurs when an employer needs to reduce their workforce due to economic difficulties, financial constraints, or changes in the organization’s structure.

Termination Procedures

The termination of employment in Romania can occur through individual or collective procedures, depending on the circumstances.

Individual procedures are typically used for disciplinary misconduct, physical/mental incapacity, or professional inadequacy cases.

Collective procedures come into play when businesses need to downsize or undergo organizational changes that affect a significant number of employees.

Adhering to the appropriate procedure ensures a fair and legally-compliant dismissal process.

Form and Notice Requirements for Dismissal in Romania

In Romania, the termination process for employees requires adherence to specific legal requirements.

Employers must follow a formal written process to ensure compliance with labor laws and protect both the employee and the company’s interests.

The dismissal notice should include key information such as the legal and factual grounds for dismissal, the notice period, and the dismissal priority criteria for collective dismissals.

When an employee is dismissed due to physical or mental incapacity or professional inadequacy, the employer must conduct a prior evaluation procedure.

This evaluation ensures that the dismissal is based on valid and objective grounds, safeguarding the employee’s rights.

The notice period for dismissal in Romania is a minimum of 20 working days, providing the employee with ample time to prepare for their departure and seek alternative employment opportunities.

Formal Requirements for Dismissal Notices

1. The dismissal notice must be in written form, clearly stating the reasons for termination and any supporting evidence.
2. The dismissal notice should include detailed information about the legal and factual grounds justifying the dismissal.
3. The notice must specify the notice period to give the employee a reasonable timeframe to make necessary arrangements.

Prior Evaluation Procedure

When dismissing an employee due to physical or mental incapacity or professional inadequacy, an employer must follow a prior evaluation procedure.

This procedure involves assessing the employee’s performance, competence, and qualifications.

The evaluation should be conducted objectively and in accordance with the company’s policies and procedures.

Termination Notice Periods

The termination notice period in Romania is a minimum of 20 working days.

However, individual or collective labor agreements may specify longer notice terms.

The notice period provides employees with an opportunity to search for new job opportunities and make appropriate arrangements for their departure.

Summary of Termination Notice Periods

Involvement of Employee Representatives and Unions in Dismissal Procedures

While employee representatives are not currently regulated or allowed under Romanian labor law, employees still have the right to seek assistance from trade union representatives or employee representatives during individual dismissal procedures.

However, their involvement is limited in comparison to the involvement of trade unions.

Trade union consultation is required in cases of collective redundancy, making it necessary for employers to engage with trade unions during the dismissal process.

Employers must consult with the trade union to discuss methods of mitigating the impact of collective redundancy and provide justifications for the measures taken.

It is crucial to involve trade unions to ensure transparency and fairness during the collective dismissal process.

In certain cases, approval or prior notification from state authorities may be required for collective redundancies in state-owned companies or specific industries.

This requirement is in place to ensure compliance with labor regulations and to protect the rights of employees affected by the redundancy.

Although the involvement of employee representatives is limited, employers should still be aware of the rights employees have to seek support from trade unions during individual dismissal procedures.

Additionally, consultation with trade unions is essential for employers during collective redundancy processes to ensure compliance with labor laws and protect the rights of employees.

Collective Redundancies in Romania

In Romania, collective redundancies are governed by specific procedural steps and deadlines mandated by labor law.

These measures ensure fairness and protection for employees during workforce reductions.

To initiate collective redundancies, employers must follow a prescribed process that involves notifying and consulting with trade unions or employee representatives, as well as informing the territorial labor authority and the territorial workforce agency.

This process applies when a company plans to make redundancies that affect a certain number of employees within a specific timeframe.

The criteria for collective redundancies vary based on the total number of employees at the company level.

By adhering to the legal requirements for collective redundancies, employers can navigate this challenging process while minimizing the impact on employees and maintaining compliance with labor laws in Romania.

For a clearer understanding of the collective redundancy process in Romania, refer to the following table:

By understanding and following the correct procedures for collective redundancies, employers in Romania can navigate this complex process with confidence, ensuring compliance with dismissal policies and labor laws.

This approach helps protect the rights of employees and minimizes the legal risks associated with termination in Romania.

Summary Dismissals in Romania

In certain circumstances, employers in Romania have the legal right to terminate an employee’s contract without providing prior notice.

This form of termination, known as summary dismissal, can occur either due to disciplinary reasons or when an employee is placed under arrest or house arrest for a period exceeding 30 days.

However, it’s important to note that summary dismissal must be based on valid legal grounds.

Employers should not delay the decision once the reasons for dismissal are known.

Failure to follow proper procedures for summary dismissal can result in claims of unjust dismissal and may lead to legal consequences for the employer.

If you are considering a summary dismissal, ensure that you have a well-documented and justified reason for the termination.

It is recommended to consult with legal counsel or human resources professionals to ensure compliance with the legal requirements and procedures.

Summary dismissals can have serious implications for both employers and employees.

Employers must navigate this process carefully to avoid potential legal disputes and damages.

Employees, on the other hand, should be aware of their rights and seek legal recourse if they believe they were unjustly dismissed.

Legal Grounds for Summary Dismissal

• Disciplinary reasons: Employers can dismiss an employee summarily if they have engaged in serious disciplinary misconduct or breach of company policies. Examples of such misconduct include theft, fraud, violence, harassment, or gross negligence.
• Arrest or house arrest: Summary dismissal is justified if an employee is placed under arrest or house arrest for more than 30 days. This measure ensures the smooth functioning of the organization and prevents potential risks.

Summary dismissals should be approached cautiously, as they can impact both parties involved.

It is crucial to have a detailed understanding of the legal grounds for summary dismissal and follow the required procedures to minimize the risk of unjust dismissal claims.

Consequences of Non-compliance with Dismissal Requirements in Romania

Failure to comply with the legal requirements for employee dismissal in Romania can have significant consequences for employers.

Dismissals that do not meet the necessary requirements are considered null and void, exposing employers to various legal risks and obligations.

Consequences of non-compliance may include:

1. Compensatory damages: Employers may be required to pay compensatory damages, including unpaid wages and benefits, to the dismissed employees.
2. Possible reinstatement: In cases where the dismissal is deemed unlawful, the employee may be entitled to reinstatement to their former position.
3. Moral damages and court expenses: Employers may be liable to pay moral damages and court expenses as further compensation for the employee’s unjust dismissal.

Employers must ensure they adhere to all relevant legal provisions to avoid these consequences.

It is crucial to understand and follow the employment termination laws in Romania to protect both the rights of employees and the interests of the company.

By ensuring compliance with the legal requirements, employers can mitigate the risks associated with employee dismissal and protect themselves from unnecessary legal disputes and financial liabilities.

Consequences of Non-compliance with Dismissal Requirements

Severance Pay and Non-competition Clauses in Romania

When it comes to severance pay in Romania, there is no statutory requirement for employers to provide it.

However, employees may still be entitled to severance payments based on their individual employment agreements or applicable collective bargaining agreements.

These agreements outline the terms and conditions under which severance pay is awarded, ensuring fair compensation for employees in the event of termination.

In addition to severance pay, non-competition clauses in post-employment contracts are also enforceable in Romania, provided that certain conditions are met.

These clauses serve to protect the interests of employers by preventing former employees from engaging in activities that could harm their business or compete with them.

To be valid, non-competition clauses must specify prohibited activities, the amount of indemnification, the duration of the clause, and the restricted geographical area.

Employers should include both severance pay provisions and non-competition clauses in their employment contracts to safeguard their interests and ensure a smooth termination process.

Dismissal of Managing Directors in Romania

Managing directors in Romania, whether in joint-stock companies or limited liability companies, can be dismissed without cause based on corporate decisions made by the relevant management body.

If a management agreement has been concluded, the terms and conditions of the agreement must also be followed.

Written corporate decisions are required for revoking a managing director’s position, and notice periods may be specified in the decision or management agreement.

The dismissal of managing directors is governed by corporate law rather than labor law.

Comparison of Dismissal Processes

While the dismissal of managing directors in Romania follows a different legal framework compared to employee dismissals, it is still essential for employers to adhere to corporate governance procedures and any specific terms outlined in the management agreement.

Compliance with these regulations ensures a smooth and legally compliant dismissal process for managing directors.

Employment Contracts and Minimum Employment Terms in Romania

When it comes to employment in Romania, having a written employment contract is not just a good practice, it’s a legal requirement.

These contracts must include essential terms that outline the rights and obligations of both the employer and the employee.

An employment contract in Romania should include details such as:

• Job description
• Workplace details
• Salary information
• Working hours
• The contract start date

Both indefinite term contracts and fixed-term contracts are recognized in Romania.

With indefinite term contracts, the employment relationship has no specified end date, while fixed-term contracts have a specific end date defined.

While employers and employees have the freedom to negotiate terms and conditions within the employment contract, it is important to note that they must still comply with the minimum provisions set by Romanian labor law.

These provisions cover various aspects, including:

Minimum Wage Requirements:

Romania has a legally mandated minimum wage that employers must adhere to.

The minimum wage is subject to change and is typically adjusted annually.

It is important for employers to stay updated on the current minimum wage to ensure compliance.

Maximum Working Hours:

According to Romanian labor law, the maximum working hours per week are 40 hours for full-time employees.

Any additional hours worked beyond this limit may be considered overtime and should be compensated accordingly.

Employers should prioritize creating clear and comprehensive employment contracts that protect the rights and interests of both parties.

By having well-defined contracts that comply with labor laws, employers can establish a solid foundation for a positive working relationship with their employees.

Conclusion

Understanding the labor laws in Romania and the termination process is crucial for employers to navigate employee dismissal effectively.

By following legal requirements, providing written notices, and adhering to notice periods, employers can minimize the risk of facing legal consequences for wrongful termination or unfair dismissal.

It is important for employers to be aware of the rights of employees in Romania and the potential involvement of employee representatives or unions during dismissal procedures.

Failure to involve these stakeholders when required can lead to complications and further legal issues.

To ensure compliance with labor laws and protect their interests, employers should stay informed about current regulations and best practices regarding employee dismissal.

By taking proactive measures to understand labor laws and follow proper procedures, employers can effectively manage employee dismissal in Romania while maintaining compliance and upholding the legal rights of employees.

Romanian Law: An Overview of the Legal System in Romania

In the Romanian Law, the legal system in Romania is based on the civil law system.

The main sources of law are the Constitution, treaties, and legislation.

The Constitution of Romania is the supreme law of the country and it determines the structure of the government and the rights of the citizens.

The Romanian legal system is divided into four main branches: administrative law, civil law, criminal law, and constitutional law.

Administrative law deals with the relations between the state and the individuals.

Civil law deals with the relations between individuals.

Criminal law deals with crimes and punishment. Constitutional law deals with the interpretation of the Constitution.

The judiciary in Romania is independent of the executive and legislative branches of government.

The highest court in Romania is the Supreme Court, which consists of nine judges appointed by the President for a six-year term.

There are three types of courts in Romania: criminal courts, civil courts, and administrative courts.

Criminal courts deal with crimes punishable by imprisonment for more than one year.

Civil courts deal with disputes between individuals or legal entities.

Administrative courts deal with disputes between individuals and the state.

Constitutional Law in Romania

​If you are thinking about doing business in Romania, it is important to understand the country’s constitutional law.

This area of law governs the relationships between the state and individuals, as well as the rights and duties of Romanian citizens.

The Constitution of Romania is the supreme law of the country and it is the foundation of the legal system.

All other laws must be in line with the Constitution and any law that goes against it is void.

The Constitution guarantees equality before the law for all citizens, regardless of their race, ethnicity, religion, or gender.

It also protects the right to life, liberty, and security of the person.

Everyone has the right to freedom of expression, assembly, and association. Romania is a secular state and everyone is free to practice their religion.

The Constitution provides for a separation of powers between the executive, legislative, and judicial branches of government.

The Constitution requires that the judiciary be independent from the other branches of government.

Judges are appointed by the President on the proposal of the Superior Council of Magistrates, a body that is itself appointed by Parliament.

Romanian lawyers must have a law degree from a Romanian university and must pass a bar exam in order to be licensed to practice law.

Foreign lawyers may be admitted to practice law in Romania if they have a law degree from a foreign university and pass a Romanian language proficiency exam.

Criminal Law in Romania

The Romanian criminal justice system is based on the continental law system, and its procedures are regulated by the Romanian Code of Criminal Procedure.

The main body of criminal law is codified in the Penal Code.

The Penal Code sets out the general principles of criminal law, as well as the specific offenses that are defined as crimes.

The Code of Criminal Procedure regulates the procedures that are to be followed in a criminal trial.

In Romania, there are two types of courts that hear criminal cases:

• the Courts of First Instance and
• the Courts of Appeal.

The Courts of First Instance are competent to hear cases involving less serious offenses, while the Courts of Appeal are competent to hear cases involving more serious offenses.

A criminal case is initiated by the Prosecution Office, which is responsible for investigating crimes and bringing charges against suspected criminals.

The Prosecution Office is headed by the Prosecutor General, who is appointed by the President of Romania.

Once a criminal case has been initiated, the suspected offender is entitled to a fair trial.

This includes the right to a public trial, the right to be represented by a Romanian lawyer, and the right to appeal the decision of the court.

The sentence that is imposed on a convicted offender depends on the severity of the offence. For less serious offences, the offender may be given a suspended sentence or a fine.

For more serious offences, the offender may be given a prison sentence.

In addition to the criminal penalties that can be imposed, offenders may also be required to pay compensation to the victims of their crimes.

This can be ordered by the court as part of the sentence, or it can be agreed to by the parties in a civil settlement.

Compensation may be ordered for physical or psychological injuries that have been suffered by the victim, as well as for financial losses that have been incurred.

In some cases, the court may also order the offender to pay restitution to the victim.

This is an order to return property that has been stolen or damaged as a result of the crime.

Civil Law in Romania

​If you are thinking of expanding your business into Romania, it is important to have a basic understanding of the Romanian civil law system.

This system is based on the German civil law system and shares many similarities with other civil law systems in Europe.

However, there are also some important differences that you should be aware of.

The Romanian civil law system is codified, which means that the majority of laws are written down in a single code.

The code is divided into a number of different sections, each dealing with a different area of law.

The most important section for businesses is the one dealing with contract law.

Overall, the Romanian civil law system is relatively favorable to businesses.

However, there are some important differences that you should be aware of before expanding your business into Romania.

Corporate Law in Romania

​Since Romania joined the European Union in 2007, the corporate law landscape has been rapidly evolving.

The overall regulatory framework is still in the process of being harmonized with EU standards and best practices.

This can be seen as both an opportunity and a challenge for businesses operating in Romania.

One of the key areas of corporate law in Romania is labor law.

The Romanian Labor Code sets forth the rules and regulations governing the employer-employee relationship.

Some of the key areas regulated by the Labor Code include hiring, wages, working hours, and termination of employment.

Another important area of corporate law in Romania is tax law.

Romania has a variety of taxes that businesses must comply with, ranging from income tax to value added tax (VAT). businesses must carefully navigate the Romanian tax system in order to avoid penalties and ensure compliance.

Last but not least, businesses operating in Romania must also comply with EU and Romanian competition law.

This area of law regulates anti-competitive practices such as cartels and monopolies. businesses operating in Romania must be aware of these rules in order to avoid fines and other penalties.

Overall, the corporate law landscape in Romania is still evolving.

However, businesses operating in Romania can take advantage of this by staying up-to-date on the latest legal developments and ensuring compliance with all applicable laws and regulations.

Tax Law in Romania

​In Romania, the tax law is complex and ever-changing, which can make it difficult for businesses to comply.

One area that is particularly confusing is the rules around foreign businesses.

If you are a foreign business with employees in Romania, you need to be aware of the various tax and social security obligations that you have.

This includes withholding taxes from your employees’ salaries and paying into the Romanian social security system.

Failure to comply with these obligations can result in heavy fines, so it is important to make sure you are up-to-date with the latest changes.

Keeping track of the constantly changing law can be a challenge, so it is a good idea to hire a specialist tax advisor to help you ensure compliance.

If you are an employee in Romania, you should be aware that your employer is required to withhold taxes from your salary.

These taxes go towards your social security contributions and income tax.

The amount of tax you pay will depend on your salary and where you live in Romania.

In general, the tax rates are lower than in many other countries, which makes Romania an attractive place to work for foreigners.

However, it is important to remember that you are still required to pay taxes on any income you earn in Romania, even if it is from a foreign source.

This includes things like interest from a bank account or dividends from stocks.

If you are self-employed in Romania, you are responsible for paying your own taxes and social security contributions.

The good news is that there are a number of deductions and exemptions that you can claim to reduce your tax liability.

Keeping track of all the different tax rules and regulations can be a challenge, but it is important to make sure you are compliant. Non-compliance can result in heavy fines, so it is always better to be safe than sorry.

If you are thinking of doing business in Romania, or are already doing business in Romania, make sure you are up-to-date with the latest tax law changes.

This way you can avoid any penalties and make sure you are complying with all the relevant rules and regulations.

Labor and Employment Law in Romania

The Romanian labor law system is based on the Constitution of Romania, international labor conventions, and domestic legislation.

The Constitution of Romania provides for the right to work, the right to choose a job, the right to just and favorable working conditions, the right to rest and leisure, and the right to protection against unemployment.

The Labor Code is the main source of Romanian labor law.

The Code regulates the relations between employers and employees, including hiring, wages, working hours, safety and health, and termination of employment.

The Code also establishes the rights and obligations of trade unions and employers’ organizations. Trade unions have the right to negotiate collective agreements with employers and to represent employees in disputes before labor courts.

Employers’ organizations have the right to represent employers in collective bargaining and to provide assistance and advice to employers.

The Ministry of Labor and Social Protection is the government body responsible for labor law enforcement. The Ministry has inspectors who investigate complaints of violations of labor law and can impose penalties on employers who violate the law.

The labor courts are responsible for resolving disputes between employees and employers.

The courts have the power to order employers to pay back wages, reinstate employees who have been wrongfully terminated, and impose other remedies.

Romanian employee may be employed under an individual labor contract or a collective labor contract.

• Individual labor contracts are between an employer and an individual employee and are the most common type of contract.
• Collective labor contracts are between an employer and a trade union and cover all employees of a particular company or sector.

Employees have the right to receive a written copy of their labor contract.

The contract must be in the Romanian language and must contain certain information, such as the names of the parties, the duration of the contract, the nature of the work, the place of work, the wage, and the working hours.

Employees can only be required to work overtime if it is provided for in their contract or if they give their consent.

Overtime work must be compensated at a rate of at least 1.5 times the regular wage.

Employees are entitled to paid annual leave of 20 days. Employees who have worked for more than 10 years are entitled to 30 days of annual leave.

Regulatory and Compliance Law in Romania

​Much like in any other country, businesses in Romania must comply with a variety of regulatory and compliance laws.

Depending on the type of business, there may be different laws that apply.

For example, businesses that deal with food must comply with food safety laws, while businesses that manufacture products must comply with product safety laws.

There are also general business laws that all businesses must comply with, such as labor laws, tax laws, and environmental laws.

Failure to comply with any of these laws can result in costly fines or even jail time.

That’s why it’s so important for businesses in Romania to have a strong compliance program in place.

A good compliance program will help ensure that all employees are aware of the laws that apply to the business and the proper procedures for following those laws.