Unilateral termination by the employer: dismissal based on objective grounds (ie, redundancy reasons); disciplinary dismissal with just cause (ie, based on serious breach of the employee's duties).
Termination without cause (with notice): only for employees hired under an employment contract of service commission regime (a particular type of contract for high-level employees which provides flexibility for termination but is not common).
Other termination causes: mutual agreement, termination by the employee (ie, termination with notice or constructive dismissal with just cause), expiration (ie, fixed-term and open-term contracts or retirement).
Employees subject to termination laws
Restricted or prohibited terminations
Special protection against dismissal is granted to employees who perform, or have performed, duties as union representatives, either as leaders or delegates, or members of the employees’ representative body performing activities; women covered by the regime of maternity protection; war veterans as per the definition provided by the applicable law; employees under the legal age; employees with a reduced work capacity or with a disability degree equal or higher than 20 percent.
As a general rule, a copy of the notice served on the employee must be forwarded to General Labor Inspectorate.
Third-party approval for termination/termination documents
Except in respect of protected employees, third-party approval is not required to terminate an employment.
Mass layoff rules
If economic, technological or structural circumstances occur, which may be clearly demonstrated and which involve an internal reorganization or conversion, or the reduction or the shutting down of activities, which makes it necessary to eliminate or significantly change job positions, the employer may terminate the employment contracts of the employees who perform such job positions.
Collective dismissal rules are triggered if the dismissal involves at least 20 employees.
Information to the General Labour Inspectorate is required. However, there is no need to obtain approval for termination.
The General Labor Inspectorate may undertake the diligence deemed necessary for clarification of the situation and, in case of a collective dismissal, during the period in which the evaluation of the General Labor Inspectorate occurs, the employer may promote a meeting with the representative body or with the committee appointed for the purpose of exchange of information and clarification and may forward the conclusions of the meetings to the General Labor Inspectorate.
For individual dismissals based on objective grounds (up to 20 employees): the employer must forward, at least 30 days in advance, prior notice of dismissal to the employee or employees who occupy the job positions to be extinguished or transformed.
For collective dismissal: the prior notice is 60 days.
Notice periods in case of term contract: 15 business days if its duration is equal to or higher than 3 months.
Statutory right to pay in lieu of notice or garden leave
Payment in lieu of notice is permitted (and required if the notice period is not honored).
Garden leave is allowed during the notice period.
Fair dismissal based on objective grounds (redundancy/collective dismissal):