Resignation is notice given by the employee
Resignation must be communicated in writing and need not give reasons. It does not require employer approval; the employer must register it. If registration is refused, communication may be proved by other means, making evidence of delivery important.
Notice is as agreed in the employment contract or applicable collective agreement, subject to a maximum of 20 working days for non-management roles and 45 for management. The employer may waive all or part of it. The contract remains effective during notice, and suspension of the contract correspondingly suspends notice.
The Labour Code allows resignation without notice where the employer fails to fulfil contractual obligations. Applying this rule requires identifying and proving the breach; general dissatisfaction does not replace that assessment.
Dismissal requires appropriate grounds and procedure
Redundancy must involve genuine abolition of the position for a real and serious cause. Dismissal for professional inadequacy requires prior assessment, while disciplinary dismissal must respect disciplinary investigation safeguards. Grounds, documents and stages vary with the situation.
Minimum notice of 20 working days applies to dismissals under Article 61(c) and (d), Articles 65 and 66 of the Labour Code, subject to the statutory exception for professional inadequacy during probation. Disciplinary dismissal does not attract this notice. Applicable documents may provide more favourable periods.
Under High Court Decision No. 8/2024, dismissal notice starts the day after notification and expires on the final day of the period. Any suspensions require separate checking. A payment labelled “compensation” does not automatically remove procedural obligations.
Challenge deadlines are not identical
The notification date and nature of the measure must be established at the outset. Under the Labour Code’s general regime:
- Measures concerning conclusion, performance, amendment, suspension or termination of employment must be challenged within 45 calendar days of knowledge, under Article 268(1)(a).
- A disciplinary decision, including disciplinary dismissal, must be challenged within 30 calendar days of service under Articles 252(5) and 268(1)(b).
- Unpaid remuneration has a separate three-year limitation period, calculated under the rules for each entitlement. This does not extend the deadline for challenging dismissal.
Termination by agreement and probation
Termination by agreement takes effect on the agreed date. Employees should understand what they accept and whether the document includes other obligations. An employer’s proposal does not automatically turn agreement into dismissal.
During or at the end of probation, Article 31(3) allows either party to end employment by written notice without a notice period or reasons. This procedure has a separate legal basis and is distinct from ordinary resignation.
What can be sought from the court
An unlawful or unfounded dismissal may be annulled. Article 80 provides compensation corresponding to indexed, increased and updated wages and other entitlements the employee would have received. Reinstatement is ordered at the employee’s request.
Murar și Asociații assists employers and employees in assessing termination documents, negotiating lawful solutions and employment litigation. Keeping the decision, notice and proof of service enables prompt identification of the available options.
Useful questions
Is there a single 45-day deadline for every dismissal?
No. Disciplinary dismissal follows the special 30-calendar-day period from service of the decision. For other measures, the deadline and starting point must be checked against the legal basis.
Must the employer automatically pay severance?
The Labour Code does not establish a universal number of severance payments. The applicable law, collective agreement, individual contract and any valid agreements must be checked.
Legal sources
- Labour Code — Law No. 53/2003, consolidated version — Article 31(3), Article 55, Articles 61–67, 75–81, 251–252 and 268.
- High Court of Cassation and Justice, Decision No. 8 of 20 May 2024 — appeal in the interests of the law — Operative part: calculation of notice under Article 75(1) of the Labour Code; Official Gazette No. 573 of 19 June 2024.
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.