About Hiring & Firing Law in Brasov, Romania
The Hiring & Firing law in Brasov, Romania is governed by the Romanian Labor Code, which sets out the legal framework for establishing, modifying, or terminating an employment relationship. Romania provides robust protections for employees, with employers required to follow strict procedures to legally hire or dismiss anyone.
Why You May Need a Lawyer
You may need a lawyer when you are initiating the hiring process to ensure all contracts and agreements comply with local and national labor laws. If you wish to terminate an employee, a lawyer can guide through the procedures to ensure you do not contravene any laws and risk litigation. A lawyer can also help dispute wrongful dismissals, negotiate severance packages, or assist in cases of workplace discrimination or harassment.
Local Laws Overview
Romanian Labor Code stipulates that a labor contract can only be terminated by mutual agreement, employee resignation, or dismissal as stipulated by law. When firing an employee, an employer needs to have a solid reason and must comply with the specific procedure called "disciplinary dismissal". This includes conducting a preliminary investigation and allowing the employee the opportunity to defend themselves. Failure to adhere to these procedures can lead to the dismissal being declared null and void by Courts. For hiring, all contracts must be written and submitted to the local labor inspectorate.
Frequently Asked Questions
What is the probationary period for new hires in Romania?
The probationary period in Romania can vary from 30 days for general positions to up to 120 days for management roles.
Are there specific reasons that justify dismissal in Romania?
Yes, reasons can range from serious misconduct, poor performance, or reasons related to the economic, structural, or technological conditions in the company that requires a position to be eliminated.
What is the notice period for dismissal in Romania?
The notice period is typically 20 working days for standard roles, and 45 days for management positions.
Is severance pay mandated by law in Romania?
Yes, in case of dismissal for reasons not due to an employee's fault, the employer must pay monetary compensation equivalent to at least one gross average salary at the national level.
Can I contest a dismissal?
Yes, any dismissal decision can be challenged in court within 45 days of receipt of the dismissal notice.
Additional Resources
The Inspectorate General for Immigration and The National Agency for Employment offers helpful resources and advice. You can also refer to the Romanian Labor Code for in-depth understanding of the laws.
Next Steps
If you need legal assistance in hiring or firing, identify and reach out to a local legal expert specialized in labor law. Ensure all decisions are taken considering legal advice to prevent any subsequent litigation or claims.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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