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Romania: Termination of employment

Original and updating authors: Nestor Nestor Diculescu Kingston Peterson (Gabriela Dinu, Roxana Abrasu and Daniel Stancescu)

Consultant editor: Raluca Dimitriu

See the legal services provided by the authors/consultant editors of XpertHR International > Romania, including any discounts/offers for subscribers.


  • An employer may dismiss an employee only on grounds specifically permitted by statute, which include gross or repeated misconduct, poor performance, medical incapacity and redundancy. (See General)
  • Employers must give employees statutory minimum notice where the dismissal is on grounds of redundancy, poor performance or medical incapacity, while employees must give notice of resignation in most circumstances. (See Notice periods)
  • Employees are protected from dismissal on certain grounds (such as unlawful discrimination) and at various times, usually when the employee is on leave for particular reasons. (See Special dismissal protection)
  • Before dismissing an employee on grounds of misconduct, the employer must follow a statutory disciplinary procedure. (See Disciplinary dismissal)
  • Before dismissing an employee on grounds of poor performance, the employer is required by law to follow an evaluation procedure. (See Performance-related dismissal)
  • For a dismissal on redundancy grounds to be lawful, the employee's job must have been eliminated for reasons unrelated to the employee, based on a "real and serious" cause, and the elimination of the job must be genuine. (See Redundancy)
  • Before dismissing an employee on grounds of poor performance or medical incapacity, the employer must offer them any vacant position compatible with the employee's vocational training and work capacity. (See Obligation to offer alternative work)
  • There is no general statutory requirement for employers to make any severance payments to employees whose employment is terminated. (See Severance payments)
  • An employee's employment contract is terminated automatically on the date that they reach the standard retirement age and has the minimum contribution record required for a state retirement pension. (See Retirement)
  • An employee may bring a claim in court that their dismissal is unlawful (for example, that it is not on the permitted grounds, or that statutory procedures were not followed). (See Unfair/unlawful dismissal)