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Practical Considerations On Individual Dismissal Under Art. 65 Of The Romanian Labour Code And The Protection Of The Employees Rights

Author

Listed:
  • Gratian URECHIATU-BURIAN

    (PhD Student, National University of Political Studies and Public Administration, Faculty of Public Administration.)

  • Violeta SIMIONESCU

    (Lecturer, the Teacher Training Department within the Technical University of Civil Engineering of Bucharest)

Abstract

Dismissal is a form of employment termination at the employer’s initiative. The lawmaker regulated several scenarios where the employer may terminate an employee. Considering the legal effects arising from termination, the lawmaker established the procedure to be followed by the employer in order to issue a lawful and just termination decision under some compulsory regulations. The dismissal regulated by art. 65 of the Labour Code covers those situations when the employer terminates the position filled by the employee due to objective circumstances, as a rule of economic or technical nature. Please note that in this case the employee is not in default, and the reasons which lead to termination are objective and independent from the employee’s conduct in performing his/her job duties.

Suggested Citation

  • Gratian URECHIATU-BURIAN & Violeta SIMIONESCU, 2016. "Practical Considerations On Individual Dismissal Under Art. 65 Of The Romanian Labour Code And The Protection Of The Employees Rights," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 66, pages 72-83, September.
    • Handle: RePEc:pmu:cjurid:v:66:y:2016:p:72-83
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj16/recjurid163_7F.pdf
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    More about this item

    Keywords

    dismissal; employer; employee; economic reasons; real and serious reasons; objective reasons; termination of employment;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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