European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Labour Code, Law no. 53/2003 [Codul muncii, Legea nr. 53/2003] - 74
If, within 45 calendar days after a 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), the employer resumes operations, he must notify the dismissed employees thereof. Within this time span, the dismissed employees have a priority right to reemployment, without having to undergo an exam, competition or probation. The employee must respond regarding this reemployment offer within five days after receiving the notice. Only if an employee refuses or fails to answer, the employer has the right to hire another person.
In case of an individual dismissal, there is no obligation to reemploy the dismissed employee. However, since the dismissal should always have a serious and real ground, if the employer reinstates the job very soon after the dismissal, the court may not consider the dismissal to have been justified from the outset.
It should be noted that the period during which redundant employees had the right to be reemployed used to be 9 months. This period was significantly reduced to only 45 days by amendments to the Labour Code in 2011.
Eurofound (2015), Romania: Reemployment obligation after restructuring, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/reemployment-obligation-after-restructuring/romania
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