- Phase
- Labour Code, Law no. 53/2003, republished in the Official Gazette of Romania no. 345 dated 18 May 2011
- Native name
- Codul muncii, Legea nr. 53/2003, republicată în Monitorul Oficial nr. 345 din 18 mai 2011
- Type
- Selection of employees for (collective) dismissals
- Added to database
- 15 July 2015
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), there are criteria for selection of workers both in collective agreements and legislation.
The criterion provided by the Labour Code for the selection of employees for collective dismissals is professional performance. In addition, collective agreements may provide a number of social criteria. However, according to Article 69 (3) of the Labour Code, these criteria would be applied to select employees only after professional performance has been assessed.
According to Article 76 of the Labour Code, the criteria for determining the order of priorities should be expressly included in the dismissal decision. This should not be limited to merely providing the number of the criteria but also the reason for why, according to these criteria, the employee in question was chosen to be dismissed.
The Labour Code does not include any provisions on the selection criteria for individual dismissal. Employers generally apply, just as in the case of collective redundancies, the results of the periodic performance assessment.
Sources
- Court of Appeal Timisoara, Section of labor and social insurance disputes, Civil Decision no. 1194 of 25 April 2012 [Concediere colectivă. Inutilitatea aplicării criteriilor de prioritate la concediere în cazul desfiinţării integrale a unui departament sau unei structuri distincte din cadrul unităţii]
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Court of Appeal Ploiesti, Civil Section I, Civil Decision no. 4064 of 4 December 2012 [Concediere colectivă. Evaluarea realizării obiectivelor de performanţă. Aplicarea criteriilor de concediere]
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Labour Code, Law no. 53/2003 [Codul muncii, Legea nr. 53/2003]
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Court of Appeal Timisoara, Section of labor and social insurance disputes, Civil Decision no. 1194 of 25 April 2012
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Court of Appeal Ploiesti, Civil Section I, Civil Decision no. 4064 of 4 December 2012
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Labour Code, Law no. 53/2003
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Codul muncii, Legea nr. 53/2003
Citation
Eurofound (2015), Romania: Selection of employees for (collective) dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/selection-of-employees-for-collective-dismissals/romania