- Phase
- Labour Code, Law no. 53/2003, republished in the Official Gazette of Romania no. 345 of 18 May 2011
- Native name
- Codul muncii, Legea nr. 53/2003, republicată în Monitorul Oficial nr. 345 din 18 mai 2011
- Type
- Obligation to consider alternatives to collective dismissals
- Added to database
- 08 May 2015
Article
Article 69, paragraph 1 (a) and (b), and article 71, paragraphs 1 and 2
Description
If an employer contemplates to resort to collective dismissals (i.e. dismissal of at least 10 employees in companies with 21-99 workers, at least 10% of staff in companies with 100-299 workers or at least 30 employees in larger firms), the employer is under the obligation to initiate, in due time, for the purpose of reaching an agreement, consultations with the trade union or the employee representatives, as appropriate, with regard to the methods and the means by which collective redundancies can be avoided, or the number of redundancies can be diminished, the social measures that can be taken to reduce the social effects of the dismissals, such as the employer’s support for the redundant employees’ vocational requalification or retraining.
The trade union or the employee representatives may, within 10 days of the receiving date of the collective dismissal notice, propose to the employer measures to avoid collective dismissals or reduce the number of redundancies.
Within five days of the receiving date of the proposals made as above, the employer must respond in writing, and substantiate the decision.
Citation
Eurofound (2015), Romania: Obligation to consider alternatives to collective dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/obligation-to-consider-alternatives-to-collective-dismissals/romania