Laboral Work

General characteristics of the dismissal of employees:

The firing is the action through which an employer gives unilaterally terminated an employment contract with his employee.

In comparative law, there are at least three different systems which can be regulated by the termination of the employment contract:

Free dismissal: the employer is free to fire the worker if it sees fit, even without cause. This system is not generally accepted by the doctrine because of the large uncertainty introduced into the worker, not having a minimum guarantee to keep your job next day, and can even affect your productivity.

Dismissal regulated: in principle, the employer has some freedom to fire the worker, but to do so, should follow a series of legal requirements (as an expression of cause, notices, issuing receipts and other obligations) to ensure workers' rights. This is the most used.

Labor immobility: the worker cannot be fired. The contract may be terminated by resignation or by reason of force majeure (bankruptcy of the company), or dismiss involves a procedure so cumbersome that it is unworkable in practice. This regime is more typical of public officials of private enterprise. Although for most of the twentieth century tended to this system today is increasingly obsolete by the application of liberal economic ideas.

The Status of Workers of Spain collects three reasons, very generic, so that an employer may dismiss objectively, namely, with a justified cause, a worker for economic reasons, organizational or technical.

To determine the effect of the dismissal, we must distinguish the type of dismissal:

Right and proper dismissal: any cause is covered by the law and, where applicable, the signed contract, considered sufficient to unilaterally terminate the relationship. In this case, the employee cannot demand compensation.

Unfair dismissal: dismissal is without cause, or such cause is not provided for by law or, where applicable, the contract signed between the parties. The employee normally can claim compensation for dismissal, which will depend on applicable law.

Null Dismissal: At times, some legislators understand that the dismissal of certain causes is zero. In that case, the employee may require, or compensation or reinstatement with retroactive effect (charging full salary as if he had never been fired).

The main effect of dismissal is that ending the employment relationship between the parties.

Other than that, the dismissal may create other side effects:

Can generate entitled to compensation.

It also implies that the onset of unemployed status for the worker. This may allow you to collect subsidies if state law provides that opportunity.

Disciplinary dismissal in Romanian law:

The Romanian Legislation, in accordance with Art. 268.(1) of the Labor Code, the employer has a disciplinary application by a resolution issued in writing, within thirty calendar days from the date of knowledge of the irregularity, but no later than six months from the date of the violation . Usually, in practice, between employers and workers the cause of reference has been committed by the head of the employee concerned, the essay published in this regard to the registration of the employer, so employers will have disciplinary action within the application of thirty days from the time of registration.

Disciplinary dismissal may occur when the employee has committed serious or repeated violations of the rules of discipline at work or those established by the Labor Code, applicable collective bargaining agreement or regulations, as a disciplinary sanction in accordance with the provisions of art. 61. 1). a) Labor Code.

Disciplinary offenses are defined as an art.263(2) of the Labor Code, an act in relation to work and that is a wrongful act or omission committed by the employee who violated the laws, internal rules, the individual employment contract or collective bargaining agreement applicable legal and hierarchical orders.