In which situations can the employer request the suspension of the employment contract

Suspension of the Employment Contract

Suspension of the employment contract is a common practice in the Romanian labor market, and it is important for employers to be well-versed in the current legislation regarding this matter. There are numerous situations where the employment contract can be suspended, including maternity leave, temporary incapacity to work, leave for raising a child up to 2 years old, or leave for professional training.

What Happens During the Suspension of the Individual Employment Contract

The suspension of the individual employment contract can occur by law, by agreement between the parties, or unilaterally by one of the parties. However, there are also situations where the employment contract can be suspended either at the initiative of the employer or the employee.

According to the Romanian Labor Code, the suspension of the individual employment contract results in the suspension of the employee’s work performance and the employer’s payment of salary-related rights. However, during the suspension, other rights and obligations of the parties may continue to exist if they are provided by special laws, the applicable collective labor agreement, individual employment contracts, or internal regulations.

In the case of suspension due to a fault attributable to the employee, they will not benefit from any rights arising from their status as an employee during the suspension.

If a cause for the termination of the individual employment contract arises during the suspension period, the cause for termination prevails.

During the suspension of the individual employment contract, all deadlines related to the conclusion, modification, execution, or termination of the individual employment contract are suspended, except in cases where the contract terminates by law.

Automatic Suspension of the Individual Employment Contract

The individual employment contract is automatically suspended in the following situations:

a) maternity leave;
b) temporary incapacity to work;
c) quarantine;
d) holding a position within an executive, legislative, or judicial authority for the duration of the mandate, unless otherwise provided by law;
e) holding a paid leadership position in a trade union;
f) force majeure;
g) if the employee is in preventive detention, under the conditions of the Criminal Procedure Code;
h) from the date of expiration of the permits, authorizations, or certifications necessary for practicing the profession. If the employee does not renew the necessary permits, authorizations, or certifications within 6 months, the individual employment contract terminates automatically.

Suspension of the Employment Contract at the Employee’s Initiative

The individual employment contract can be suspended at the employee’s initiative in the following situations:

a) leave for raising a child up to 2 years old or, in the case of a child with a disability, up to 3 years old;
b) leave for caring for a sick child up to 7 years old or, in the case of a child with a disability, for intercurrent conditions, up to 18 years old;
c) paternity leave;
d) leave for professional training;
e) holding elective positions within professional bodies constituted at the central or local level, for the duration of the mandate;
f) participation in a strike;
g) adaptation leave.

From this year, according to Law no. 140/2023, a new situation for the suspension of the individual employment contract at the employee’s initiative has been introduced:

h) performing, under a contract concluded according to the law, specific activities as a maternal assistant, personal assistant of a person with a severe disability, or professional personal assistant.

Rights Acquired by the Employee Before the Leave

Rights acquired by the employee before the commencement of the above-mentioned leaves and those provided in Article 152 of the Labor Code, which states that in the case of special family events, employees are entitled to paid leave days that are not included in the annual leave duration, are maintained throughout the leave period. It should be noted that special family events and the number of paid leave days are determined by law, the applicable collective labor agreement, or internal regulations.

Suspension Due to Unjustified Absences

Suspension of the individual employment contract can also occur in the case of unjustified absences of the employee, under the conditions established by the applicable collective labor agreement, individual employment contract, and internal regulations.

Suspension of the Employment Contract at the Employer’s Initiative

The individual employment contract can be suspended at the employer’s initiative in the following situations:

a) during preliminary disciplinary investigations, under the law (declared unconstitutional by Constitutional Court Decision no. 261/2016);
b) if the employer has filed a criminal complaint against the employee or if the employee has been sent to trial for criminal acts incompatible with the held position, until the final court decision (partially declared unconstitutional by Constitutional Court Decision no. 279/2015);

In these two situations, if the employee is found not guilty, they will resume their previous activity and be paid compensation equal to the salary and other rights lost during the suspension period, based on contractual civil liability norms and principles.

c) in case of temporary interruption or reduction of activity, without terminating the employment relationship, for economic, technological, structural, or similar reasons;

According to the Labor Code, in case of temporary reduction of activity, for economic, technological, structural, or similar reasons, for periods exceeding 30 working days, the employer may reduce the working week from 5 days to 4 days, with a corresponding salary reduction, until the situation causing the reduction is remedied, after prior consultation with the representative trade union at the unit level or the employee representatives, as the case may be.

c1) if the employee is subjected to judicial control or judicial control on bail under the Criminal Procedure Code, if obligations are imposed that impede the execution of the employment contract, and in case of house arrest, if the measure impedes the execution of the employment contract;

d) during secondment;

e) during the suspension by competent authorities of the permits, authorizations, or certifications necessary for exercising professions;

f) during the temporary suspension or reduction of activity due to the declaration of a state of siege or emergency according to Article 93 (1) of the Romanian Constitution, republished.

Suspension by Agreement of the Parties

The individual employment contract can be suspended by agreement of the parties in the case of unpaid leave for studies or personal interests.

By understanding all these aspects of the suspension of the employment contract, both employers and employees can better understand their rights and obligations depending on the specific situations they encounter in the labor market.

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