- Phase
- Labour Code, Law no. 53/2003, republished in the Official Gazette of Romania No. 345 of 18 May 2011; Law no. 76/2002 regarding unemployment insurance system and employment stimulation, as subsequently amended and supplemented
- Native name
- Codul muncii, Legea nr. 53/2003, republicată în Monitorul Oficial nr. 345 din 18 mai 2011; Legea nr. 76/2002 privind sistemul asigurărilor pentru şomaj şi stimularea ocupării forţei de muncă, cu modificările şi completările ulterioare
- Type
- Public authorities information and consultation on dismissals
- Added to database
- 08 May 2015
Article
68-74 (Law no. 53/2003); 49-50 (Law no. 76/2002)
Description
In case of collective dismissal (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 of at least 300 workers), employers have the obligation to forward a copy of the collective redundancy notice to the local labour inspectorate and the local employment agency on the same date it was sent to the trade union or representatives of the employees (the employment agency must be notified at least 30 days before the redundancy date).
The local labour inspectorate and the local employment agency are involved in designing measures to diminish the effects of restructuring and can modify the deadlines within which collective redundancies are planned to take place.
The notification must include all relevant information regarding the intention to proceed to collective redundancy, which includes the outcome of the consultations with the trade unions or the representatives of the employees, especially:
* the reasons for the redundancy;
* the total number of employees;
* the number of employees to be made redundant;
* the selection criteria applied to employees singled out for dismissal according to law or collective agreement provisions, in order to establish priorities on the redundancy list;
* measures proposed to limit the number of redundancies;
* measures to mitigate the consequences of mass redundancies;
* severance to be paid according to law or the applicable collective agreement;
* the date when the redundancy begins or the period of time during which dismissals take place;
* the term within which the unions or the employee representatives may propose solutions to avoid mass dismissals or diminish the number of redundancies.
A copy of the notification must be sent to the trade union, on the same date. The trade union or the employee representatives may communicate their point of view to the local labour inspectorate. Within 30 days, at the request of any of the parties involved, the labour inspectorate may, with the approval of the local employment agency, resolve to shorten or to postpone the date/period of communication of the dismissal notices, provided that the said authority informs both the employer and the employee representatives of such change and of the underlying reasons.
During the procedure, the local employment agency must look for solutions to the problems triggered by the collective redundancy, and propose them in due time to the employer and the trade union or employee representatives.
Citation
Eurofound (2015), Romania: Public authorities information and consultation on dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/public-authorities-information-and-consultation-on-dismissals/romania