PRACTICAL CONSIDERATIONS ON INDIVIDUAL DISMISSAL UNDER ART. 65 OF THE ROMANIAN LABOUR CODE AND THE PROTECTION OF THE EMPLOYEES RIGHTS

Dismissal is a form of employment termination at the employer’s initiative. The lawmaker regulated several scenarios where the employer may terminate an employee. Considering the legal effects arising from termination, the lawmaker established the procedure to be followed by the employer in order to issue a lawful and just termination decision under some compulsory regulations.The dismissal regulated by art. 65 of the Labour Code covers those situations when the employer terminates the position filled by the employee due to objective circumstances, as a rule of economic or technical nature. Please note that in this case the employee is not in default, and the reasons which lead to termination are objective and independent from the employee’s conduct in performing his/her job duties.