Dismissed in Romania? How to check the decision and challenge it

First step: keep the decision and note the date you received it

Receiving a dismissal decision is rarely a calm moment. That is exactly why a few simple steps are worth taking before any further discussion with your employer. Keep the original or a copy of the decision, the envelope if it came by post, and any message informing you of the dismissal.

Write down the exact date on which you became aware of the decision, because the court deadline runs from that date. If you are asked to sign for receipt, you may do so, but do not sign any statement saying you agree with the dismissal or waive any right. Signing for receipt does not mean you accept the decision.

What the dismissal decision must contain

The Romanian Labour Code requires the dismissal decision to be communicated in writing and to include certain mandatory elements. If they are missing, the decision may be annulled even where the employer had a genuine reason.

Check in particular:

• the specific reasons for the dismissal, not just a general reference to an article of law;
• the notice period, where the law requires one, for example when a position is eliminated; notice may not be shorter than 20 working days;
• the list of vacant positions within the company and the deadline for choosing one, where the employer is legally required to offer them;
• the selection criteria, in the case of collective redundancies;
• the signature of a person entitled to decide on behalf of the employer.

Common situations in which a dismissal may be unlawful

Beyond the form of the decision, the reason and the procedure followed also matter. Each type of dismissal has its own rules, and the employer must comply with all of them.

For a disciplinary dismissal, a prior disciplinary investigation is mandatory: you must have been summoned in writing and given the chance to present your defence. For dismissal on grounds of professional unsuitability, the law requires a prior assessment. Where a position is eliminated, the elimination must be real and have a genuine and serious cause, not hide the fact that someone else is hired into the same role.

There are also periods during which dismissal is prohibited, for example during temporary incapacity for work or parental leave, and in the case of a pregnant employee, subject to the exceptions provided by law. If any of these applies to you, tell your lawyer at the very start.

The deadline to challenge: do not wait

Under Article 268(1)(a) of the Romanian Labour Code, unilateral measures concerning the termination of an employment contract may be challenged within 45 calendar days of the date on which you became aware of the measure. For disciplinary sanctions, the same article sets a deadline of 30 calendar days from communication of the decision.

Because a disciplinary dismissal is both a sanction and a form of termination, the prudent approach is to act as quickly as possible, ideally within the shorter deadline. Missing the deadline may lead to the claim being dismissed without the court ever examining whether you are right.

How the claim is filed and what you can obtain

The claim is filed with the tribunal, usually the one for the area where you live. Employment claims are exempt from court fees. Importantly, in dismissal cases it is the employer who must prove that the measure was lawful and well founded.

If the court finds the decision unlawful or unfounded, it annuls it and orders the employer to pay compensation equal to the indexed, increased and updated salaries and the other entitlements you would have received. At your request, the court may also order reinstatement in your previous position.

Documents to prepare

The more complete the file is from the start, the faster and more accurate the review. Gather what you have and do not worry if something is missing; some documents can be requested from the employer through the court.

• the dismissal decision and proof of the date you received it;
• your employment contract and any addenda;
• your job description, internal regulations and any performance reviews;
• the summons to the disciplinary investigation and your written explanation, if applicable;
• emails, messages or other relevant documents, and the names of colleagues who know the facts.

This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.