Question 1

Can we change an employee's role, pay or workplace through an internal decision?

Accepted Answer

Generally not. These are contractual terms and changing them requires the parties' agreement and a written amendment before the change, unless the law or applicable collective agreement expressly provides an exception. A separate review should determine whether the proposal merely organises the work or changes the agreed term itself.

Question 2

Is a performance improvement plan enough for dismissal?

Accepted Answer

Not by itself. Dismissal for professional inadequacy requires the employer to follow the prior appraisal process in the collective agreement or internal rules. The plan may provide useful objectives and evidence, but the criteria must be known, relevant to the role and applied properly.

Question 3

Can we dismiss an employee immediately for serious misconduct?

Accepted Answer

Not before the disciplinary investigation required by law. The employer must give notice of the investigation, allow the employee to present a defence, review the evidence and choose a proportionate sanction. The decision is subject to statutory time limits and mandatory content.

Question 4

Can we dismiss an employee who is on medical leave?

Accepted Answer

As a rule, dismissal may not be ordered during medically certified temporary incapacity. The Labour Code contains limited exceptions, including judicial reorganisation, bankruptcy or dissolution of the employer. The date of the decision, its ground and the particular circumstances should be reviewed before any action.

Question 5

Does every redundancy require a severance payment?

Accepted Answer

Romanian law does not impose a general severance payment for every eliminated role. An entitlement may arise from legislation, a collective agreement, the employment contract, an applicable policy or a negotiated agreement. Minimum notice and the other dismissal conditions are separate from severance.

Question 6

Must we terminate and rehire employees when an activity transfers?

Accepted Answer

That is not the rule where Law no. 67/2006 applies. Existing rights and obligations pass to the transferee, while the transfer itself is not a ground for dismissal. The first questions are whether the transaction is a transfer within the law and which employees belong to the transferred activity.

Question 7

Must a company with at least 10 employees conclude a collective agreement?

Accepted Answer

The law makes collective bargaining mandatory at company level where there are at least 10 employees, but it does not compel the parties to reach an agreement. The employer must initiate and conduct negotiations with the entitled party and retain evidence of the steps taken. Representation and timing should follow the Social Dialogue Law.

Question 8

What happens if a court sets the dismissal aside?

Accepted Answer

The court orders the employer to pay compensation equal to the salary and other entitlements the employee would have received. If requested by the employee, the court also restores the previous position, which means reinstatement. This is why the reason, process and evidence should be tested before the decision is issued.