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, Margarit & 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 employers 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 employees 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, Margarit & Associates recommends contacting a lawyer specialized in labor law who can advise you on the termination of an individual employment contract.
The individual employment contract can be terminated in various cases as provided by the Labor Code. These include situations such as the death of the employee or employer, dissolution of the employer, meeting the standard age and retirement contribution period, absolute nullity of the contract, reintegration of an illegally dismissed person, conviction to custodial sentence, withdrawal of necessary approvals or authorizations, prohibition of profession or function, expiration of a fixed-term contract, and withdrawal of consent by parents or legal representatives for employees aged between 15 and 16 years. It is advisable to consult a lawyer specialized in labor law to understand the specific circumstances and procedures for termination.
Dismissal from an individual employment contract can occur due to reasons related to the employee or reasons not related to the employee. Reasons related to the employee include serious or repeated deviations from labor discipline or contractual rules, arrest for more than 30 days, physical or mental incapacity as determined by medical expertise, and professional incompetence. Dismissal for reasons not related to the employee happens when the employee’s job is terminated. In such cases, employees may be entitled to compensation. A lawyer specialized in labor law can provide guidance on the specific reasons and legal implications of dismissal.
The means of terminating an individual employment contract include termination ipso jure (automatically) in certain circumstances, such as death or dissolution, agreement between the parties on the established date, and resignation or dismissal by the employer. Each means of termination has its specific requirements and implications. To navigate the termination process effectively and ensure compliance with labor laws, it is recommended to seek guidance from a lawyer specialized in labor law, such as Pavel, Margarit & Associates Romanian Law Firm. They can provide expert advice and assistance in terminating an individual employment contract.