Disciplinary Dismissal in Romania: Legal Overview

Disciplinary dismissal represents the termination of an individual employment contract due to serious misconduct or repeated violations of workplace regulations. This measure is one of the strictest sanctions that an employer can impose, governed by specific legal provisions under the Romanian Labor Code.

Legal Basis

Consulting lawyers in Romania can help both employers and employees understand their rights and obligations in the disciplinary dismissal process. The disciplinary dismissal process is regulated by Article 248 of the Romanian Labor Code, which explicitly states that termination of employment can occur if the employee commits a severe disciplinary offense or engages in repeated misconduct. Employers must follow a strict procedural framework to ensure that the dismissal is lawful and justified.

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Initiating the Disciplinary Dismissal Process

Disciplinary dismissal in Romania cannot be decided arbitrarily; it requires a preliminary disciplinary investigation. If an employer dismisses an employee without this prior investigation, the dismissal may be deemed null and void.

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The investigation begins with a formal written notification to the employee, informing them about the disciplinary hearing. This notification must include details about the alleged misconduct, the date, time, and location of the hearing. The notice is either handed directly to the employee or sent via registered mail to their official residence.

Employee Rights During the Disciplinary Hearing

Employees have the right to present their defense in both written and verbal form. They may also provide supporting evidence, such as documents, witness testimonies, or expert reports. Additionally, employees can attend the hearing accompanied by a union representative or a legal advisor.

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If the employee fails to attend the disciplinary hearing without a valid reason, the employer may proceed with the dismissal based on the available evidence.

Criteria for Severe and Repeated Disciplinary Offenses

Romanian labor law does not provide an exhaustive list of severe or repeated disciplinary offenses. Instead, these are typically defined in the employer’s internal regulations, collective labor agreements, or individual employment contracts.

The employer has the discretion to establish what constitutes a severe offense and the criteria for repeated misconduct (e.g., multiple violations over a certain period). However, any such provisions must be clearly communicated to employees.

Issuance of the Dismissal Decision

If, following the disciplinary investigation, the employer determines that dismissal is warranted, the decision must be issued within 30 calendar days from the date the final report of the disciplinary investigation is registered. However, this cannot exceed six months from the date of the misconduct.

The dismissal decision must be communicated to the employee within five calendar days of its issuance. If the employee refuses to acknowledge receipt, the decision is sent via registered mail to their residence.

Legal Remedies for Unlawful Dismissal

If an employee believes that their dismissal was unlawful or unjustified, they have the right to challenge the decision in court within 30 calendar days from the date of receiving the dismissal notice.

Employees can request the court to:

• Annul the dismissal decision;
• Reinstate them in their previous position;
• Receive compensation for lost wages, including any indexed, increased, or updated salaries;
• Claim legal interest on unpaid salaries.

Common Grounds for Invalid Dismissal Decisions

A dismissal decision can be deemed illegal if:

• It does not provide a clear and detailed description of the misconduct;
• It lacks a direct reference to the legal or contractual provisions violated;
• The procedural steps, including the disciplinary investigation, were not properly followed.

Contestation Deadlines and Legal Provisions

Under Article 252(5) of the Labor Code, employees must challenge a disciplinary dismissal within 30 calendar days from the date of receiving the decision. Although prior legislation allowed a 45-day period for contesting employment-related decisions, the Labor Code retains a specific shorter term for disciplinary dismissals.

Notice Period and Disciplinary Dismissal

Employees dismissed for disciplinary reasons do not benefit from a notice period. This distinguishes disciplinary termination from other types of dismissals where notice periods are mandatory.

Disciplinary dismissal in Romania follows a strict legal process that must be respected by both employers and employees. Employers must adhere to procedural steps, including the preliminary investigation and formal notification, to ensure compliance with labor laws. Employees have the right to contest an unfair dismissal and seek legal remedies such as compensation and reinstatement. Seeking advice from lawyers Romania can help clarify the legal aspects of disciplinary dismissal and protect the rights of both parties.