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In Romania, any termination that infringes on the employee's protection rights as prescribed by the country's Labor Code can be considered wrongful. The Code dictates that an employer cannot terminate an employment contract without valid reason and due process. Single or mass dismissals must be executed only under certain circumstances, such as redundancy or gross misconduct, and must be well-documented.
Wrongful termination cases can be both morally and legally complicated. You might have been terminated unfairly, but proving that it was illegitimate or illegal can be challenging without appropriate legal help. Lawyers specialize in navigating these complexities and interpreting the often convoluted labor laws. Bringing a lawyer on board can increase your chances of a successful lawsuit, compensation negotiation, or reaching a fair resolution. It's particularly crucial if your employer has their legal representation or if the case escalates to court.
The Labor Code in Romania permits termination of an employment contract only under well-documented circumstances. This includes severe employee misconduct, employee incompetence, redundancy, or at the request of a disciplinary committee. Employers must follow a strict procedure, including a preliminary investigation, notice period, and the employee's right to defend themselves. Violation of any of these constitutes wrongful termination. Employees in Brasov, like the rest of Romania, also have the right to take legal action within 30 days from receiving their termination notice.
As per Romanian law, you have 30 days from the receipt of the termination notice to mount a legal response.
Yes. If you were compelled to resign due to a hostile work environment, discrimination, or other unlawful factors, it could be considered “constructive dismissal,” and you could take legal recourse.
Depending on your case, you might be eligible for lost wages, benefits, emotional distress damage, legal fees, and sometimes, punitive damages.
Yes. Romanian labor laws allow reinstatement as a possible remedy for wrongful dismissal, although this is subject to the court's discretion.
Romanian law strictly regulates dismissals, and immediate dismissals can only happen under extreme circumstances, such as severe misconduct. Regardless, the employer must follow due process.
You may seek guidance from the National Agency for Employment in Romania or the local Brasov Labor Bureau. The Romanian Anti-Discrimination Council and the National Council for Combating Discrimination also provide useful resources and assistance if discrimination was a factor in your termination.
If you suspect you've been wrongfully terminated, consider engaging with a lawyer specializing in labor law. Gather all relevant evidence such as employment contracts, termination notice, email correspondence, and witness details. Finally, remember to file your legal claim or lawsuit within 30 days of receiving your termination notice.
