EMCC European Monitoring Centre on Change

Romania: Definition of collective dismissal

Romania
Phase: Management
Típus:
Definition of collective dismissal
Utoljára módosítva: 22 September, 2019
Név:

Codul muncii, Legea nr. 53/2003, republicată în Monitorul Oficial nr. 345 din 18 mai 2011

Angol név:

Labour Code, Law no. 53/2003, republished in the Official Gazette of Romania no. 345 dated 18 May 2011

Cikk

60, 68

Leírás

A collective redundancy refers to dismissals, within 30 days and for one or more reasons not related to the individual workers concerned, of:

  • at least 10 employees, if the employer has more than 20 employees and fewer than 100 employees;
  • at least 10% of the employees, if the employer has at least 100 employees and fewer than 300 employees;
  • at least 30 employees, if the employer has at least 300 employees.

There are certain periods of the labour relation when dismissal (any dismissal, including collective dismissal) is not allowed:

  • during the time of temporary incapacity to work, ascertained by medical certificate;
  • during quarantine;
  • during the period of pregnancy, as long as the employer is informed about this fact, prior to issuing the decision of dismissal;
  • during maternity leave;
  • during childrearing and care giving leave until the child reaches the age of two or, in the case of a disabled child, until he becomes three;
  • during the care giving leave for a sick child up to the age of seven or, in the case of a disabled child, until he reaches the age of 18, due to recurrent episodes of illness;
  • while on holiday;
  • during maternal risk leave, as well as during the leave granted to those employees who have recently given birth or who are breastfeeding. The interdiction of dismissal can be extended only once, for six months from the date the employee has returned to work within the enterprise.

In determining the actual number of redundant employees, workers whose contracts ceased because of the employer's initiative are also taken into account. The courts generally interpret this rule by also taking into account the workers whose contract was terminated by mutual consent, as long as this agreement was initiated by the employer.

Hozzászólások

The Romanian legislation is in line with the Council Directive 98/59/EC.

The definition of collective redundancy covers all types of employment contracts, both open-ended and fixed-term contracts. These also include part-time workers.

 Law 127/17 June 2018 amended  article 72 regarding the collective disissal by including specific ammendaments regarding the crews working on sea-going vessels.

Cost covered by
Not applicable
Involved actors other than national government
National goverment only
Thresholds
21
10
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