In case of dismissal for disciplinary reasons the employer must observe the procedure for the termination of the individual employment contract due to misconduct provided by the Labour Code.
In this case, article 61 of the Labour Code provides the possibility of employee’s dismissal for reasons that do not relate to his/her person, if the employee has caused serious violation or repeated violations from the discipline rules of work or from those established in the individual employment contract, in the collective bargaining agreement applicable or in the internal regulation policy, as disciplinary sanction.
Nevertheless, before issuing the disciplinary dismissal the employer must comply with the procedure provided in this meaning by the Labour Code. Respectively, the employer must summon the employee in order to debate the reasons that led to the termination of the employment contract due to misconduct. In the convener must be included the time, date and place where the employee should appear or to send a written point of view related to the facts imputed by the employer company. Besides the notification of this information the employer must make a description of the actual state of fact imputed to the employee, so he/she is aware of the reasons for which is summoned. At the same time the convener must be duly made.
If such information is absent from the convener, the dismissal procedure can be cancelled by the employee at the court.
If the employee appears for the summons made by the employer company, he/she will respond to the questions and clarifications required by the employer. The employee can be assisted by an attorney at the summoning.
Following the preliminary procedure, if it is found there are reasonable grounds, the employer can terminate the employee’s individual employment contract due to misconduct, meaning in which the dismissal decision will be issued or he/she may apply another disciplinary sanction. Usually, such a procedure ends with the termination of the individual employment contract due to misconduct.
At the same time it is important to have in view that the sanction decision will be issued by the employer within 30 calendar days as from the date he/she became aware of the misconduct, and no later than 6 months from the date it was committed, aspects provided in the Labour Code.
The dismissal decision must be communicated to the employee within 5 calendar days as from its issue, taking effects from its notification to the employee.
Against the decision to terminate the individual employment contract the employee can make an appeal recorded with the court, within 30 days as from the notification of the dismissal decision.
