by Vlad Cuc
Labour relations can be terminated in a lawful manner (retirement, certain interdictions etc.), resignation or dismissal by the employer.
The dismissal performed by the employer can be disposed for reasons related to the employee or other unrelated reasons. The employer is able to dismiss for reasons related to the respective employee in the following situations:
a) When the employee has gravely or repeatedly breached the regulations of labour discipline established through the Individual or Collective Labour Agreements or internal regulations, as disciplinary sanction;
b) when the employee is arrested for a period exceeding 30 days;
c) When a medical authority decides that the employee is physically/mentally unfit for the position;
d) When the employee is not professionally trained for the position;
e) When the employee fulfils all conditions for a pension but has not requested retirement.
Dismissal for reasons unrelated to the employee can be disposed in the case of dissolving the position occupied by the respective employee. Through Collective Dismissal it is to be understood dismissal of personnel in a period of 30 days for reasons unrelated to the employee of a number of:
a) at least 10 employees, if the employer has over 20 employees and below 100 employees;
b) at least 10% of employees – if over 100 employees and below 300 employees;
c) at least 30 employees – if over 300 employees.
It is important to be noted that the employer has the obligation to provide all relevant information and to notify the syndicates or employee’s representatives in regards to total number and employee categories, motives for the future dismissals, criteria, measures to limit dismissals etc. For both individual or collective dismissals, the employer shall not be able to hire new personnel for the same positions for a period of 9 months, without written notifications to the dismissed personnel for re-hiring. These employees have a term of 10 days to express their interest for the positions.
The employees dismissed for their own physical/mental unfitness as well as persons not corresponding professionally to the position as well as those dismissed for motives unrelated to the employee, beneficiate from a notification period of at least 15 days.