Can you be fired without notice? Unfortunately, yes.
We would like to briefly outline below the circumstances in which an employer may dismiss you without notice.
As a general rule, every employee is entitled to a notice period before being dismissed, which cannot be less than 20 working days.
However, there are certain situations regulated by law in which an employee may be dismissed without being entitled to notice, as follows:
I. You are currently in your trial period.
According to art. 31 alin. (3) Labor Code, „(3) During or at the end of the trial period, The individual employment contract may be terminated exclusively by written notice, without prior notice, at the initiative of either party, without the need to provide justification.”.
Even if you are still in your probationary period, it would be appropriate for you to be informed of the reasons that led to the decision to dismiss you. However, as expressly stated in the provisions mentioned above, the law allows the employer to dismiss you by simple written notice, without the need to provide a clear reason for the decision or to give notice.
II. You commit a serious or repeated breach of work discipline rules or rules established by the employer
According to art. 61 lit. a) Labor Code, „The employer may dismiss an employee for reasons related to the employee's person in the following situations:
- if the employee has committed a serious offense or repeated offenses against the rules of work discipline or those established by the individual employment contract, the applicable collective labor agreement, or internal regulations, as a disciplinary sanction;”.
What does disciplinary misconduct mean?
The individual employment contract, internal regulations, or collective labor agreement impose a series of obligations on you as an employee.
Disciplinary offense is an act committed by an employee in connection with their work, consisting of an action/inaction that violates legal norms, internal regulations, the employment contract, or other similar documents.
Some of the criteria taken into account by the employer in determining the severity of the disciplinary offense, as well as the penalty to be imposed, are:
a) the circumstances in which the act was committed;
b) the fault of the employee;
c) the consequences of the disciplinary offense;
d) the employee's general conduct at work;
e) any disciplinary sanctions previously imposed on him/her.
III. Preventive detention or house arrest of an employee for a period exceeding 30 days entitles the employer to dismiss them without notice
If you are placed under preventive detention or house arrest for a period exceeding 30 days, your employer may exercise the right to dismiss you without notice, due to the potential financial damage (since you will not be able to work) and damage to their image that you could cause them.
What can you do if you have been dismissed without notice?
If you were dismissed without notice, and this was not one of the exceptional circumstances described above, it is possible that your employer dismissed you unlawfully and/or without justification.
Therefore, in such a situation, you can proceed as follows:
- The dismissal decision may be challenged before the competent court within 45 calendar days from the date of receipt of the decision;
- You can also request reinstatement to your previous position, payment of indexed, increased, and updated salaries, or even moral damages.
Were you dismissed without notice? Contact us to assess the situation and guide you on the steps to take next.
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