Article

Labour Code, Law no. 53/2003 [Codul muncii, Legea nr. 53/2003] - 60, 68 Law no. 283/2022 [LEGE nr. 283/2022] - 60

Description

A collective redundancy refers to dismissals, within 30 days and for one or more reasons not related to the individual workers concerned, of:

• at least 10 employees, if the employer has more than 20 employees and fewer than 100 employees;
• at least 10% of the employees, if the employer has at least 100 employees and fewer than 300 employees;
• at least 30 employees, if the employer has at least 300 employees.

There are certain periods of the labour relation when dismissal (any dismissal, including collective dismissal) is not allowed:

• during the time of temporary incapacity to work, ascertained by medical certificate;
• during quarantine;
• during the period of pregnancy, as long as the employer is informed about this fact, prior to issuing the decision of dismissal;
• during maternity leave;
• during childrearing and care giving leave until the child reaches the age of two or, in the case of a disabled child, until he becomes three;
• during the care giving leave for a sick child up to the age of seven or, in the case of a disabled child, until he reaches the age of 18, due to recurrent episodes of illness;
• while on holiday;
• during maternal risk leave, as well as during the leave granted to those employees who have recently given birth or who are breastfeeding. The interdiction of dismissal can be extended only once, for six months from the date the employee has returned to work within the enterprise.

In determining the actual number of redundant employees, workers whose contracts ceased because of the employer's initiative are also taken into account. The courts generally interpret this rule by also taking into account the workers whose contract was terminated by mutual consent, as long as this agreement was initiated by the employer. Significant amendments and additions were made to the Labour Code by Law No 283/2022. The main amendments concern:

• the introduction of new rights, namely the right to career's leave, the possibility to be absent from work in unforeseen situations caused by a family emergency, as well as the introduction of specific provisions on paternity leave already regulated by Law No 210/1999;
• new prohibitions on dismissal, i.e. the impossibility of dismissing the employee for the exercise of statutory rights, during carer's leave, paternal leave and during the period when the employee is absent from work for family emergencies;
• the possibility of informing employees on the provisions of the internal rules, including by electronic means;
• informing employees of certain additional stipulations, including the rights and conditions of vocational training offered by the employer, which should also be mentioned in the employment contract;
• insurance of employees during their carer's leave in the social health insurance system without payment of contributions.

Commentary

The Romanian legislation is in line with the Council Directive 98/59/EC.

The definition of collective redundancy covers all types of employment contracts, both open-ended and fixed-term contracts. These also include part-time workers.

Law 127/17 June 2018 amended article 72 regarding the collective disissal by including specific ammendaments regarding the crews working on sea-going vessels.

Additional metadata

Cost covered by

None

Involved actors other than national government

National government

Involvement (others)

None

Thresholds

Affected employees: 10
Company size: 21
Additional information: No, applicable in all circumstances

Sources

• Labour Code, Law no. 53/2003 [Codul muncii, Legea nr. 53/2003]
• Law no 127/2018 for amending and supplementing certain regulatory acts on aircrew [Lege nr. 127 / 2018 pentru modificarea și completarea unor acte normative privind personalul Navigant]
• Law no. 283/2022 [LEGE nr. 283/2022]
• Ius Laboris (2009), Collective Redundancies Guide, Brussels
• Labour Code, Law no. 53/2003
• Codul muncii, Legea nr. 53/2003
• Council Directive 98/59/EC
• LEGE nr. 127 din 11 iunie 2018 pentru modificarea și completarea unor acte normative privind personalul navigant