Termination of the Employment contract by the worker or the employee with notification
The legal framework for
the Termination of the Employment contract by the Employer
with notification is arranged in the Labour Code art. 328
in connection with art. 326, para 2 and art. 329. The termination
of the employment relation is connected with the observance
of a notification period - art. 326, para 2 from the Labour
code, the consequent compensations after the termination
under art. 222 from the Labour code, protection from dismissal
under art. 333 from the Labour code, contestation for the
legality of the dismissal – art. 344 from the Labour code,
as well as the announcement procedure for termination of
the employment contract under ar.62, para 3 from the Labour
code. The grounds for dismissal are juridical facts occurring after the conclusion of the employment contract between the employer and the employee. In order for the dismissal to be legal the juridical facts must have happened. The grounds could be divided in two groups – Grounds caused by the Employer /art.328, para 1, point 1, 2, 3, 4, 11 and para 2 from the Labour code/ and grounds caused by the employee /art.328, para 1, point 5, 6, 7, 8, 10, 12 from the Labour code/.
- 5.1 Company’s closure /art.328, para 1, point 1/ – This is the thorough closure of the company and termination of the entire production activity;
- 5.2 Partial closure of the company or redundancy reasons /art.328, para 1, point 2/ - In the Order for termination it shall be explicitly stated which of the two reasons is fulfilled;
- 5.3 Decreasing of the volume of work /art.328, para 1, point 3/ - It is necessary the company to face lasting decreasing of the volume of work;
- 5.4 Work ceasing of the company or its departments for more than 15 days /art.328, para 1, point 4/– The employee really shall be not occupied for these 15 days. The notification starts after the period of 15 days is over;
- 5.5 Lack of personal qualities of the employee for efficient performance of his duties /art.328, para 1, point 5/– Although the employee possesses the necessary professional qualification he misses personal qualities. The personal qualities of the employee /the worker/ shall be duly described in his Job Description. The grounds for termination in this case shall be contained in the order for termination signed by the Employer;
- 5.6 Lack of education or professional qualification duties /art.328, para 1, point 6/ - The Employer is entitled to change the requirements for education and qualification for the respective position at any time. This should be reflected in the Job Description for the position
- 5.7 The refusal of the employee /the worker/ to follow the company when the latter is moving to another location – city or district /art.328, para 1, point 7/;
- 5.8 The employee works on position which shall be vacant for another employee who had been dismissed illigaly and who had previously occupied the same position /art.328, para 1, point 8/;
- 5.9 When an employee has become eligible for retirement for length of service covered by social security and age, and for Professors, Associate Professors and Senior Research Assistants I and II degree and Academic Doctors – upon completion of 68 years of age/art.328, para 1, point 10/;;
- 5.10 When the requirements for the job have been changed and the employee does not qualify for it /art.328, para 1, point 11/;;
- 5.11 When it is objectively impossible to implement the employment contract /art.328, para 1, point 12/;
- 5.12 The management employees may be dismissed by notification as per the terms under Article 326, para 2, and by reason of conclusion of an enterprise management contract. The dismissal may be effected after the start of the management contract, but not later than 9 months /art.328, para 2/;
In a 7 days term from the termination of the employment contract the Employer shall send a notification under art.62, para 3 from the Labour Code to the respective directorate of the National Revenue Agency, whereby to announce that the labour relation is no more existing.