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back to index backEUROtalk October,  2016


Romania: Unilateral suspension of an individual employment agreement breaches Romanian Constitution

Overview

On 5 May 2016, the Romanian Constitutional Court ruled that the provisions of the Romanian Labor Code which allow an employer to unilaterally suspend an employee's Individual Employment Agreement (IEA) during a disciplinary investigation are not in line with the Romanian Constitution.

Contents

The Court held that the suspension of an employee's IEA during a disciplinary investigation is an excessive measure in relation to the objective seeking to be achieved.

The Court also held that in light of the lack of objective criteria governing the situations in which an employer may suspend an IEA and, consequently, the fact that the decision is entirely at the employer's disposal, the Labor Code does not provide sufficient guarantees to ensure a proportionate balance between the need to protect the employer's interests and the rights of the employee.

In practice, this means that, during a disciplinary investigation, employers can no longer suspend the IEA of the employee being investigated.

Source: DLA Piper - GAI





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