The individual employment contract creates rights and obligations between the employee and the employer for the established period, forming an employment relationship between the parties. The Labor Code provides for 3 cases of termination of the individual employment contract/agreement: ipso jure, as a result of the agreement of the parties on the established date or as a result of the unilateral will between the parties (dismissal or resignation). The Romanian Law Firm Pavel, Mărgărit & Associates recommends addressing a labor law lawyer to provide you guidance regarding the termination of an individual employment contract.
Termination of the individual employment contract/agreement ipso jure
The Labor Code provides for several cases in which the termination of the individual employment contract may occur.
- a) on the date of death of the employee or employer, natural person, as well as in the case of dissolution of the employer, legal person;
- b) on the date of irrevocable decision of the court declaring death or putting under prohibition the employee or employer natural person;
- c) on the date of meeting the standard age conditions and the minimum retirement contribution period;
- d) as a result of the acknowledgement of absolute nullity of the individual employment contract;
- e) following the admission of the request for reintegration into the position of the employee of a person illegally dismissed or for unfounded reasons;
- f) as a result of the conviction to the execution of a custodial sentence;
- g) from the date of withdrawal by the competent authorities or bodies of the approvals, authorizations or attestations necessary for the exercise of the profession;
- h) as a result of the prohibition of the exercise of a profession or function, as a safety measure or as a complementary punishment;
- i) on the expiry date of the individual employment contract concluded for a fixed term;
- j) withdrawal of the consent of the parents or legal representatives, in the case of employees aged between 15 and 16 years.
A lawyer specialized in labor law can guide you in the procedure of terminating an individual employment contract/agreement.
Dismissal consists of the employer’s unilateral willingness to terminate the individual employment contract. It may happen because of the employee‘s fault or not of the employee‘s fault.
The reasons related to the employee are:
- a) the employee has committed a serious deviation or repeated deviations from the rules of labor discipline or from those established by the individual labor contract;
- b) if the employee is arrested for a period of more than 30 days;
- c) if, by decision of the competent bodies of medical expertise, the physical and / or mental incapacity of the employee is found;
- d) if the employee does not correspond professionally to the job.
Dismissal for reasons not related to the employee represents the termination of the individual employment contract caused by the termination of the employee’s job. Employees who are dismissed for reasons not related to the employee may receive compensation.
In conclusion, the means of termination of an individual employment contract are ipso jure, as a result of the agreement of the parties on the established date or by resignation/dismissal.
The Romanian law firm Pavel, Mărgărit & Associates recommends contacting a lawyer specialized in labor law who can advise you on the termination of an individual employment contract.