Regarding this exception of unconstitutionality, the Constitutional Court decided on admission of it and found that the provisions of art. 52 paragraph (1) letter b) first sentence of Law 53/2003 – Labor Code are unconstitutional.
According to the existing provisions of the Labor Code, the suspension of the individual labor contract can occur de iure, by the parties’ agreement or by a unilateral act of one of the parties.
In case the suspension of the labor contract has occurred due to a fault attributable to the employee, on the period of the suspension, he will not benefit from any rights arising from his status as an employee.
Suspension of the individual employment contract shall be ordered in the following situations: maternity leave, temporary disability leave, quarantine, exercising a function in an executive, legislative or judicial authority, throughout the term of mandate, unless the law provides otherwise, the fulfillment of a salaried management positions in the union, force majeure, if the employee is in custody, from the expiration of the period for which they were issued the permits, authorizations or certificates required by the profession.
The suspension of the individual labor contract at the initiative of the employee, can be ordered in the following situations: parental leave for the child aged up to 2 years, leave to care for a sick child aged up to 7 years, paternity leave, leave for training, exercise of elective positions in professional bodies established at central or local level, participation in strike.
Regarding the suspension of the individual labor contract at the initiative of the employer, in this regulation, can be ordered in the following situations: during the preliminary disciplinary research, where the employer has filed a criminal complaint against the employee or he was indicted for criminal acts incompatible with his position, until a final court decision, in case of interruptions or temporary reduction of activity without termination of employment, if the employee is under judicial control or judicial control on bail, during detachment, during the suspension by the competent authorities of the permits, licenses or certificates required for professions.
Given the recent decision of the Constitutional Court, which is final and generally binding, after publication of the decision in the Official Gazette and after passing a period of 45 days in which Parliament or the Government may agree with the unconstitutional provision, its legal effects will definitely cease, so, after this date, the employee’s labor contract will no longer be suspended if the employer has lodged a criminal complaint against the employee or if the employee has been prosecuted for a criminal offense until a final court decision.