Legal aid in Romania for unfair dismissal – Challenging the dismissal decision

Dismissal is a unilateral measure taken by the employer to terminate an employee’s individual employment contract. According to the Labor Code (Law no. 53/2003, republished), this measure must be justified and comply with the procedures established by law. If these requirements are not met, the dismissal may be declared illegal, and the employee has the right to challenge the decision in court.

Labor legislation defines two main types of dismissal: dismissal for reasons related to the employee (Article 61 of the Labor Code) and dismissal for reasons unrelated to the employee, such as job redundancy (Articles 65-67 of the Labor Code). If the employer fails to comply with legal provisions or the stated reasons are unjustified, the employee can request the annulment of the dismissal decision and compensation for damages.

Dismissal in Romania for Reasons Related to the Employee (Article 61 of the Labor Code)

This measure can only be taken in cases expressly provided by law, when the employee can no longer fulfill their job responsibilities due to either their own fault or objective circumstances related to their professional or medical capacity.

Such cases include:

• Serious or repeated disciplinary violations – requiring a prior disciplinary investigation;
• Physical and/or psychological incapacity – established through a medical assessment;
• Professional incompetence – when the employee no longer meets job requirements;
• Preventive detention for more than 30 days.

In cases of disciplinary violations, the employer must conduct a prior disciplinary investigation (Article 251 of the Labor Code), allowing the employee to defend themselves. If the reason for dismissal is professional incompetence, the employer must offer the employee the possibility of taking another vacant position that matches their qualifications (Article 64 of the Labor Code). Additionally, except for cases of severe disciplinary misconduct, the employee must be granted a minimum notice period of 20 working days (Article 75 of the Labor Code).

The dismissal decision must be communicated in writing and must specify the reasons for dismissal, the legal basis, and the deadline for contesting the decision (Article 62(3) of the Labor Code). If these requirements are not met or the stated reasons are not justified, the employee can file a legal challenge in court within 45 calendar days from the date of notification (Article 211 of Law no. 62/2011 – the Social Dialogue Law).

Dismissal in Romania for Reasons Unrelated to the Employee – Job Redundancy (Articles 65-67 of the Labor Code)

This type of dismissal occurs when the employer decides to restructure their business, eliminating certain positions. For the redundancy to be legally valid, the employer must prove that the reason is real and serious and that the elimination of the position is not merely a disguised way of removing an inconvenient employee (Article 65(2) of the Labor Code).

The elimination of the position must be effective, meaning the employer cannot rehire someone for the same position shortly after the dismissal. The employer must also comply with legal procedures, including granting a minimum 20-working-day notice period (Article 75 of the Labor Code). In cases of collective dismissals, the employer is required to consult with unions or employee representatives (Article 69 of the Labor Code).

If the employer cannot justify the job elimination or fails to follow legal dismissal procedures, the employee can request annulment of the measure in court. Furthermore, if the employer hires another person for the same position shortly after the dismissal, this may indicate that the measure was abusive.

Legal Proceedings and Burden of Proof in Romania

Dismissal-related disputes are handled by the competent tribunal, and the employee can file a lawsuit either at the tribunal of their domicile or residence (Article 269(2) of the Labor Code) or at the tribunal where the employer’s headquarters are located (Article 210 of Law no. 62/2011 on Social Dialogue).

In labor law disputes, the burden of proof lies with the employer (Article 272 of the Labor Code), meaning the employer must prove that the dismissal was justified and legal. Moreover, these actions are exempt from court fees (Article 270 of the Labor Code), allowing employees dismissed unlawfully to challenge the decision without additional costs.

Romanian Employee Rights in Case of Unlawful Dismissal 

If the court finds that the dismissal was illegal, according to Article 80 of the Labor Code, it may order:

• Reinstatement of the employee – the employer is required to rehire the employee under the same conditions.
• Payment of all due wages – including bonuses and other benefits the employee would have received if the dismissal had not occurred.
• Compensation for moral and material damages – if the employee can prove additional harm caused by the unlawful dismissal.

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If you have been dismissed and believe the measure was abusive, our team of labor law attorneys can provide legal assistance and court representation to defend your rights and secure the compensation you are entitled to.