Individual Dismissal from the Perspective of the Employer and Specific Regulations if Bankruptcy of the Company in Romania

Individual dismissal is individual employment termination as a result of the effective abolition of the position held by the employee, for one or more reasons not related to his person, based on actual cause real and serious under art. 65 Romanian Labour Code. It should be noted that the practice shows that, at present, the reasons are, in fact, the same: economic, technological, organizational. As for checking the validity of the plea raised by the employer, it falls within the jurisdiction of the courts seised of the appeal dismissed employee. By law no. 85/2014 on procedures to prevent insolvency and insolvency to set a new insolvency regime by repealing the previous law no. 85/2006 regarding the same. We consider that art. 123 of Law no. 85/2014 does not cover a new hypothesis for the termination of individual employment contract, but a reflection of the provisions of the Romanian Labour Code. In reality, it does not simply embodies, in principle, the possibility of individual labor contract parties to unilaterally terminate the contract, the obligation to respect the right that the period of notice. Art. 123 para. 1 is not the individual employment contracts, and art. 123 para. 7 generic enshrines the right of both parties to terminate the contract of employment. Alin. 8 of the same article regulates the right of the employer to the employee's dismissal of individual or collective. In conclusion, art. 123 is an application of art. 65 et seq. of the Romanian Labour Code, the applicable individual or collective dismissal procedure covered by these texts.