Reasons for dismissal - what you need to know to be proactive!

Reasons for dismissal - what you need to know to be proactive!

In any life situation, but especially in those related to professional activity, it is always good to be proactive and informed about important issues, both those that concern you and those that do not depend on you, but affect you directly. 

That's why Brightway® experts have put together for you a short guide to the most common reasons for dismissal, as well as some specific situations and steps to follow in such an undesirable scenario. By reading it, you will put yourself at ease about such a decision, no matter what your current status or relationship with colleagues or superiors is.

Employee-related reasons for dismissal

1. The employee has either committed a serious misconduct or repeated breaches of the conditions laid down in the employment contract;

2. The employee is under preventive arrest or under house arrest for a period longer than 30 days;

3. He is declared, following a medical examination, physically and mentally unfit to perform his duties at work;

4. He is not professionally suited to the job.

Reasons for dismissal that are not related to the employee's person

1. Resignation by the employer from the position held by the employee concerned;

2. Resignation by the employer from more than one position/an entire department, in which case we are talking about collective dismissal (in both cases, the reasons must be well-founded and the employees will receive unemployment and compensation);

When is dismissal prohibited?

1. Prohibited grounds for dismissal: on grounds of ethnicity, religion, gender and sexual orientation, age, disability, illness (chronic non-contagious, HIV infection), political choice, family situation, etc..;

2. Situations in which dismissal is prohibited: during rest leave, medical leave, maternity leave (or while the female employee is pregnant), etc.

Procedure to follow

Usually, before being dismissed, the employee is entitled to a 20 working days' notice period, during which he/she continues to work and is paid. However, there are also situations in which the notice period does not apply: if the employee is on probation or if the conditions set out above are met (reasons relating to the person concerned).

In conclusion, we would like to point out that the act of dismissal is by no means a light procedure in Romania, from a legislative point of view, as the Labour Code includes several provisions that protect the employee against potential abuses by the company he works for. Thus, if you know that you do not fall under the points listed above (serious misconduct, problems with the law, medical or other incompatibility with the job), you have no reason to worry!

Instead, to further "cement" your position within the company, you can attend one or more of the courses/trainings we offer, whether we are talking about those in the Leadership & Management, Sales, Microsoft Office or Personal Development categories. No employee is irreplaceable, but the deeper and more varied your know-how, the closer you get to "indispensable" status! Good luck!

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