Disciplinary dismissal in Romania: procedure

Disciplinary dismissal in Romania

Disciplinary dismissal (art. 61(a) and 247-252 of the Labour Code) is the most serious penalty available to an employer. It requires a serious or repeated breach of work discipline. Crucially, it must be preceded by a formal disciplinary investigation: a written summons at least 5 working days in advance, the right to be heard, the right to legal or union representation and a written investigation report.

The penalty must be applied within 30 days of the employer learning of the breach and within 6 months of its occurrence. The decision must list the facts, the rules breached, why the employee's defence was rejected and how to challenge it. Skipping any element makes the dismissal void.