Lawyer’s Analysis. Increasing forced dismissals in Europe

How to effectively challenge a dismissal decision through a labor lawyer in Romania?

As provided in labor legislation, a legal employment relationship between an employee and an employer is governed by an employment contract in Romania, either an individual work contract in Romania or a collective labor agreement in Romania. The most common type of work contract in Romania is the open-ended employment contract in Romania. This is considered a stable and long-term beneficial type of contract, ensuring continuity and security in the professional relationship. Recently, there has been a significant increase in dismissals across Europe, including in Romania, leading to work disputes in Romania between employees and employers. To cope with economic difficulties, more and more companies in Europe have resorted to mass dismissals, undergoing internal restructuring procedures. In practice, it has been observed that, in most cases, employers resort to forced dismissal in Romania (dismissal for reasons unrelated to the employee), which is often an unjustified dismissal, having a devastating impact on well-intentioned employees who receive such a dismissal decision in Romania. Additionally, among other frequently encountered types of dismissals are dismissal during the probationary period and disciplinary dismissal in Romania. Summarizing the types of dismissals practiced, they fall into two main categories: Dismissal for reasons unrelated to the employee and dismissal for reasons related to the employee. The Romanian law firm Pavel, Mărgărit and Associates is a law firm who provides employment law services in Romania, and is internationally recognized for its expertise in work disputes in Romania. A labor lawyer in Romania from the team can assist you in protecting employee rights under labor law in Romania by reviewing a labor agreement in Romania, analyzing clauses of an employment contract in Romania, appealing a dismissal decision in Romania, and representing clients in labor litigation before the court.

Employment solicitors in Romania. Rising dismissals in Europe

Dismissals represent a significant issue in the current economic context, especially as their number has increased considerably in recent times. In many European countries, forced dismissal is a common practice, leaving employees in a disadvantaged position when it comes to protecting their rights according to the labor law in Romania. In this regard, this method of terminating an individual employment contract in Romania or a collective labor agreement in Romania is carried out through a dismissal decision in Romania. A dismissal decision in Romania is a unilateral legal act issued by an employer to terminate an open-ended or fixed-term labor agreement in Romania. The employer is required to justify the decision and include the notice period, contract termination date, right to challenge the decision, and other elements related to the legality of the dismissal. An employment attorney in Romania can provide expert legal advice by carefully reviewing a work contract in Romania and its clauses, as well as offering legal solutions for employees facing forced dismissal in Romania.

Employment lawyer in Romania. Types of dismissal in Romania and employee rights under labor law in Romania

The labor code in Romania provides for two main categories of dismissal: Dismissal for reasons unrelated to the employee and dismissal for reasons related to the employee. Regarding dismissal for reasons unrelated to the employee, this refers to the termination of an individual employment contract in Romania due to the elimination of the employee’s job position, for one or more reasons unrelated to the individual. The elimination must have a serious and real cause, and employees are entitled to active measures to combat unemployment and may receive compensation as provided by law. In general, dismissed employees are entitled to a notice period of at least 20 working days, except in the case of dismissal during the probationary period. Another reason for dismissal is for reasons related to the employee. The labor code in Romania provides for several situations in which this type of dismissal can occur:

a) Disciplinary dismissal in Romania – if the employee has committed a serious violation or repeated breaches of work discipline rules, the individual work contract in Romania, the applicable collective labor agreement in Romania, or internal regulations.

b) If the employee is placed in preventive detention or house arrest for more than 30 days.

c) If the competent medical examination authorities determine that the employee has a physical and/or mental incapacity preventing them from performing their job duties.

d) If the employee is deemed professionally unfit for the job.

A labor law attorney in Romania can provide legal assistance and representation to prevent an abusive dismissal in Romania and ensure that employee rights under labor law in Romania are respected.

Employment attorney in Romania. Legal solutions for challenging a dismissal decision in Romania in cases of forced dismissal in Romania

The labor code in Romania includes clear provisions and defined sanctions for unjustified dismissals. In practice, employers often impose dismissals without cause or forced dismissals in Romania, which restrict employee rights in the employment relationship. In such cases, the employee can file a legal challenge against the dismissal decision in Romania in court. In court, the employer cannot invoke reasons for dismissal other than those stated in the dismissal decision in Romania. The court will analyze the legal situation and framework, and if it determines that the dismissal decision in Romania was unlawful, it may annul it and order the employer to pay compensation equal to indexed, increased, and updated salaries, along with any other entitlements the employee would have received. The employee has the right to request reinstatement, but if they do not request this, the labor agreement in Romania is legally terminated. A labor lawyer in Romania can be a key factor in work disputes in Romania, offering the best legal solutions to protect employee rights.

Labor law attorney in Romania. How can companies legally dismiss employees?

As previously mentioned, employers can order dismissals for reasons unrelated to the employee and reasons related to the employee. The first type of dismissal involves eliminating the employee’s job position, which must have a real and serious cause. Only under these conditions can an employer legally terminate a labor agreement in Romania through dismissal for reasons unrelated to the employee. For dismissals related to the employee, the situation must fit within one of the scenarios listed above. In general, the employer must issue the dismissal decision in Romania within 30 calendar days from the date the cause for dismissal was determined. If the dismissal is based on a disciplinary offense, several factors must be considered, such as: the severity of the offense, the circumstances under which it was committed, the degree of employee fault, the consequences of the disciplinary offense, the employee’s general workplace behavior, any prior disciplinary sanctions. Dismissal for a serious offense or repeated violations of work discipline can only occur after the employer has conducted a disciplinary investigation. Employment solicitors in Romania can assist in appealing a dismissal decision in Romania and representing employees in court to defend their rights.

“We have noticed that, in practice, many abusive dismissals in Romania are being issued, which is why it is important for an employment attorney in Romania to assess the situation and provide a solution to protect employee rights,” said Dr. Av. Radu Pavel, the Managing Partner of the Romanian Law Firm Pavel, Mărgărit and Associates.

In conclusion, employee dismissal is a complex procedure with strict regulations under labor law in Romania, and employers must comply with them to avoid employment disputes or sanctions. Given that the European economy is constantly changing and more and more European companies are resorting to forced dismissal in Romania, Pavel, Mărgărit & Associates, a law firm that provides employment law services in Romania, recommends that employment solicitors in Romania draft the document to appeal a decision in Romania and provide representation in court to ensure that all relevant legal provisions are respected. Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2024, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2024 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.