Romania: Termination of employment

Original and updating authors: Nestor Nestor Diculescu Kingston Peterson (Gabriela Dinu, Roxana Abrasu and Daniel Stancescu)

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Summary

• An employer may dismiss an employee only on grounds specifically permitted by statute. (See General)
• Employers must give employees statutory minimum notice where the dismissal is on certain grounds. (See Notice periods)
• Employees are protected from dismissal on certain grounds. (See Special dismissal protection)
• Before dismissing an employee on grounds of misconduct, the employer must follow a statutory disciplinary procedure. (See Disciplinary dismissal)
• Before dismissing an employee on grounds of poor performance, the employer is required by law to follow an evaluation procedure. (See Performance-related dismissal)
• There are certain conditions to be met for a dismissal on redundancy grounds to be lawful. (See Redundancy)
• Before dismissing an employee on grounds of poor performance or medical incapacity, the employer must offer them appropriate alternative work. (See Obligation to offer alternative work)
• There is no general statutory requirement for employers to make any severance payments to employees whose employment is terminated. (See Severance payments)
• An employee's employment contract is terminated automatically on the date that they reach the standard retirement age. (See Retirement)
• An employee may bring a claim in court that their dismissal is unlawful. (See Unfair/unlawful dismissal)