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    The Bucharest Tribunal has ruled that the time spent by employees in isolation at work during a Covid-19 pandemic state of emergency represents working time. However, the time spent in isolation at home following the period of isolation at work does not constitute rest time.


Andreea Suciu
Andreea Suciu is Managing Partner of Suciu | The Employment Law Firm.

Teodora Manaila
Teodora Manaila is a Senior Associate at Suciu | The Employment Law Firm, Bucharest, Romania.

    The Vaslui Tribunal has recently annulled an individual dismissal decision issued during the state of alert in Romania due to formalities which had not been observed by the employer. While the judge invested with determining the matter limited their analysis to the elements contained in the individual dismissal decision, the judicial assistant ascertained, within a competing opinion, that the dismissal decision should have been annulled for other reasons, namely for the fact that, in reality, the employer had implemented a collective redundancy process without observing the procedure and employees’ rights in the event of such dismissal. Relying on the provisions of Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, the judicial assistant has made an exhaustive analysis of the conditions required for the existence of a collective dismissal.
    While the competing opinion does not have the same effect as a court ruling, it is part of the judicial procedure and, from this perspective, the independence and impartiality of all the members of the court and their obedience solely to the law is maintained.


Andreea Suciu
Andreea Suciu is Managing Partner of Suciu I The Employment Law Firm.

Andreea Serban
Andreea Serban is an attorney-at-law at Suciu I The Employment Law Firm.


Andreea Suciu
Andreea Suciu is Managing Partner at Suciu | The Employment Law Firm in Bucharest, Romania.

Teodora Manaila
Teodora Manaila is a Senior Associate at Suciu | The Employment Law Firm in Bucharest, Romania.
Case Reports

2020/18 Prohibition of dismissal of pregnant employee (RO)

Journal European Employment Law Cases, Issue 2 2020
Keywords Gender discrimination
Authors Andreea Suciu and Teodora Mănăilă
AbstractAuthor's information

    Analysing the national legal framework in relation to the protection of pregnant employees and employees who have recently given birth or are breastfeeding, provisions which transposed the regulations of Directive 92/85/EEC and of the conclusions in case C-103/16, Jessica Porras Guisado – v – Bankia S.A. and Others, the Constitutional Court of Romania ascertained that the dismissal prohibition of a pregnant employee is strictly restricted to reasons that have a direct connection with the employee’s pregnancy status. As for other cases where the termination of the employment contract is the result of disciplinary misconduct, unexcused absence from work, non-observance of labour discipline, or termination of employment for economic reasons or collective redundancies, the employer must submit in writing well-reasoned grounds for dismissal.


Andreea Suciu
Andreea Suciu is Managing Partner and attorney-at-law at Suciu | The Employment Law Firm, Bucharest, Romania.

Teodora Mănăilă
Teodora Mănăilă is Managing Partner and attorney-at-law at Suciu | The Employment Law Firm, Bucharest, Romania.

    The Romanian Court of Appeal has overruled a first instance court’s decision with the effect that the employees working in the public administration/special utilities/budgetary units are entitled to benefit from paid annual leave, in the case of multiple roles, in accordance with Directive 2003/88/EC, Directive 97/81/EC and ECJ rulings.


Andreea Suciu
Andreea Suciu is the Managing Partner of Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an Associate at Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).
Case Reports

2020/7 Successive fixed-term employment contracts (RO)

Journal European Employment Law Cases, Issue 1 2020
Keywords Fixed-term work
Authors Andreea Suciu and Teodora Manaila
AbstractAuthor's information

    The Craiova Court of Appeal has ruled that the continuous extensions of a fixed-term employment based on national provisions is not in accordance with the European jurisprudence. Relying on the findings of ECJ case C-614/15, the Craiova Court of Appeal made an exhaustive analysis of the relying arguments for subsequent extensions of fixed-term employments agreements for long periods of time and the objective reasons behind such use of contracts.


Andreea Suciu
Andreea Suciu is managing partner at Suciu I The Employment Law Firm, Bucharest, Romania.

Teodora Manaila
Teodora Manaila is an attorney-at-law at Suciu I The Employment Law Firm, Bucharest, Romania.
Case Reports

2019/51 Stand-by time from home is paid working time (RO)

Journal European Employment Law Cases, Issue 4 2019
Keywords Working time
Authors Andreea Suciu and Gabriela Ion
AbstractAuthor's information

    Stand-by time from home represents working time of medical personnel even for the periods when no medical activity was actually performed (no attendance at the hospital was required), the salary rights for such period being determined as a percentage of the hourly rate for the basic salary and the number of hours when stand-by time from home was performed.


Andreea Suciu
Andreea Suciu is the Managing Partner of Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an associate with Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

    The decision pronounced by the first instance court related to the right of professional foster parents to request payment in lieu of untaken annual leave based on ECJ case law has been overruled by the Court of Appeal by making reference to a different ECJ ruling.


Andreea Suciu
Andreea Suciu is the Managing Partner and Gabriela Ion is an associate at Suciu | The Employment Law Firm (https://www.suciu-employmentlaw.ro).

Gabriela Ion

    A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation.


Andreea Suciu
Andreea Suciu is the Managing Partner Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an associate at Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

    The Iasi Court of Appeal has held that a request for resignation completed and signed after various forms of pressure from the employee’s superiors does not represent a termination of an individual labour agreement on the initiative of the employee, but a constructive dismissal.


Andreea Suciu
Andreea Suciu is the managing partner at Suciu | The Employment Law Firm.

    The Supreme Court has ruled that it is at the discretion of the competent national court to assess whether periods of stand-by time are working time. In doing so, the court should apply Romanian law as interpreted in the light of ECJ case law.


Andreea Suciu
Andreea Suciu is the managing partner of Suciu I The Employment Law Firm.

    Article 52(1)(a) of the Romanian Labour Code allows an employer to suspend, without pay, an employee under a disciplinary investigation. However, the Constitutional Court has recently ruled Article 52(1)(a) unconstitutional.


Andreea Suciu
Andreea Suciu is Head of Employment & Pensions with Noerr in Bucharest, www.noerr.com.

    Article 60(1)(g) of the Romanian Labour Code does not allow an employer to dismiss trade union leaders for reasons other than disciplinary misconduct or judicial reorganisation, dissolution or bankruptcy of the employer. The Constitutional Court has recently ruled that Article 60(1)(g) is unconstitutional.


Andreea Suciu
Andreea Suciu is Head of Employment & Pensions with Noerr in Bucharest, www.noerr.com.
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