Dismissal guide: the legal grounds (art. 61 and 65), the mandatory disciplinary investigation, notice periods, when dismissal is prohibited and the risks if it is challenged.
Translated from Romanian. This article covers Romanian labour and tax law; the Romanian version is canonical and is updated first.
Dismissal is the area of employment law where procedural mistakes cost the most: a decision that is correct on the merits but flawed in form is annulled in court, and the employer pays damages and, sometimes, reinstatement. Here is the map of grounds, procedures and time limits.
Not every termination is a dismissal. The Labour Code (Codul Muncii) distinguishes between termination:
Dismissal is in turn divided into two broad categories: for reasons relating to the employee (art. 61) and for reasons not relating to the employee (art. 65).
The main cases:
Each has its own procedure. The two that generate the most litigation:
Disciplinary misconduct mandatorily requires a prior disciplinary investigation (cercetare disciplinară prealabilă): a written summons (with date, time, place and subject), the employee’s right to be assisted, to put forward a defence and to propose evidence. A sanction applied without a prior investigation is null by operation of law — no matter how serious the act was.
Professional inadequacy requires a prior assessment, in line with the criteria set out in the contract and in the internal regulations. That is why it matters that the job description and the assessment criteria exist and have been formally acknowledged — without them, “not up to the job” is an unsupported assertion.
This is the abolition of the post, as a result of economic difficulties, technological change or reorganisation of the business.
The essential condition: the abolition must be effective and have a real and serious cause. “Effective” means that the post disappears from the organisational chart — it is not renamed and nobody is hired two months later to perform the same duties. This is exactly what the courts check.
Where a dismissal affects several employees within a given period, the rules on collective redundancy may become applicable, with additional information and consultation obligations.
On dismissal for unfitness, professional inadequacy or reasons not relating to the employee, the employee is entitled to a notice period of at least 20 working days. Longer periods may be set through the collective or individual contract.
No notice is granted in the case of disciplinary dismissal for serious misconduct or in the case of pre-trial detention.
During the notice period the contract continues to produce effects: the employee works and is paid normally.
The law gives absolute protection in certain situations. Dismissal cannot be ordered, among others:
The exceptions concern, mainly, judicial reorganisation, bankruptcy or dissolution.
The decision is issued in writing, is reasoned in fact and in law and is communicated to the employee. It must include:
The decision takes effect from the date of communication. Omitting the mandatory particulars is a frequent ground for annulment.
The employee may challenge the decision before the competent court, within the time limit provided by law. If the court finds it unlawful, it may order the annulment of the decision, the payment of damages equal to the salary entitlements the employee was deprived of and, at the employee’s request, restoration of the previous situation — that is, reinstatement in the post.
Can I dismiss an employee without a reason? No. The dismissal must fall within one of the cases provided by law and must follow the corresponding procedure. The only situation in which no reasons are needed is termination during the probation period, which is not a classic dismissal.
What notice period applies on dismissal? At least 20 working days, on dismissal for unfitness, professional inadequacy or reasons not relating to the employee. None is granted on disciplinary dismissal for serious misconduct.
Can someone on sick leave be dismissed? No, not during temporary incapacity for work. The same protection applies during maternity leave, child-raising leave, annual leave and quarantine.
What happens if I skip the disciplinary investigation? The sanction (including dismissal) is null by operation of law, regardless of how serious the act was. The prior investigation is not optional.
What documents does the employee receive on leaving? The termination decision, the certificates of length of service and of income, the extract from REGES (the General Register of Employee Records) and the final settlement note, within the time limits provided by law.
See also the documents due at the end of the contract, the resignation letter and the internal rules of procedure.
In a dismissal procedure, the evidence makes the difference — and the evidence is, almost always, a document that had to exist before the conflict. Workly keeps the job description, the assessment criteria, proof that the employee acknowledged the internal regulations (with a timestamp) and the appraisal history in the employee’s digital file — exactly the elements on which a dismissal for professional inadequacy or a disciplinary procedure rests.
When the termination is recorded, the platform generates the document pack (decision, certificates of length of service and income, final settlement note) from consolidated data and closes the REGES reporting on time. The balance of untaken leave is calculated automatically and goes into the final settlement payroll, while assigned equipment appears on the list of items to be returned, so that offboarding leaves no loose ends.
Informational article, accurate at the date of publication. Not legal advice. The dismissal procedure is strictly regulated and formal mistakes render it null — always consult a specialist before ordering a dismissal.
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