Employment Law

Dismissal without notice is legal only in a few situations:

• Disciplinary dismissal — for serious misconduct proven through prior disciplinary investigation (Article 61 Labor Code)
• During probation period — without notice but with written notification
• For serious criminal acts — under specific conditions

Otherwise, dismissal requires minimum 20 working days notice (45 days for management positions). Dismissal without notice in a situation that does not allow it is unlawful — 45 days for contestation at the Bihor Tribunal.

Sanctions upon admission of contestation: decision annulment + reinstatement + payment of salaries during the dispute + moral damages.

Collective dismissal (over 10 employees in 30 days) generates additional rights:

• Severance pay — minimum per applicable collective contract; usually 1-3 salaries for each 5 years of seniority
• Extended notice — minimum 30 days
• Right to information and consultation — the union/employee representatives are mandatorily consulted
• ITM (Labor Inspectorate) notification — the employer notifies the Territorial Labor Inspectorate 30 days in advance
• Right of preference for re-employment — 9 months from dismissal, if positions become available again

Failure to follow procedure makes the dismissal void — even with real motive (economic situation).

The probation period is a special institution with its own rules:

• Maximum duration: 90 days for execution positions; 120 days for management positions; 5 days for unskilled workers; 30 days for fixed-term contracts under 6 months.
• Easy termination — either party may terminate the contract with written notification, without notice and without reason. But dismissal for discriminatory reasons (sex, religion, ethnicity, pregnancy) remains unlawful.
• Full salary rights — no "reduced salary on probation" is legal. Including proportional vacation leave.
• Social insurance — the employer pays normal contributions.

One single probation period per employment contract — re-introduction after a break is unlawful.

Workplace harassment is regulated by GO 137/2000 + Law 202/2002. Forms:

• Direct harassment — repeated hostile behavior from superiors or colleagues
• Sexual harassment — any unwanted sexually-connoted behavior
• Moral harassment (mobbing) — systematic psychological pressure, isolation, micro-aggressions

Protection steps:

1. Documentation — keep emails, messages, witnesses. Without evidence, the case is difficult.
2. Internal notification — to direct supervisor or HR/Management department
3. CNCD — National Council for Combating Discrimination (administrative sanctions)
4. Bihor Tribunal — moral damages, reinstatement if there was consecutive abusive dismissal

Plus: the employer has the legal obligation to prevent and combat harassment — non-compliance generates civil liability.

Telework is regulated by Law 81/2018, modified by Law 53/2003 (post-COVID). Key rules:

• Written agreement — telework must be regulated by addendum to the individual employment contract, with details: workplace, schedule, control method
• Equipment — the employer is obligated to provide or bear costs (laptop, internet, etc.)
• Utility expenses — the employer may pay a monthly allowance (tax-deductible) or directly bear the bill proportionally
• Work safety — the employer remains responsible for risk assessment; specific telework training is mandatory
• Right to disconnect — the employee is not obligated to respond outside work hours

Caution: telework from abroad (digital nomad) generates complex tax and social implications — often requires moving the contract to the respective jurisdiction.