Dismissal. The way of calculating the notice term

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

According to art. 2553 paragraph 1 Civil Code, when the term is counted by days, the first and last day of the term is not taken into account. However, the term of notice is calculated according to the labor code by working days, without taking into account therefore the days off or legal holidays. The method of calculation regulated by the Civil Code implies that the first and last day of the term is not taken into account, without making any reference to the days off or legal holidays within the term. Therefore, such a calculation method is not compatible with the specifics of the employment relationships, and the calculation method by working days is a special one, by exception for the common law rule. According to the provisions of art. 278 of the Labor Code, the provisions of this code complement with the other provisions provided by the labor law and, insofar as they are not incompatible with the specificity of the labor relations provided for by this code, with the provisions of the civil law. In other words, not every regulation in civil law complements the provisions of the labor code, but only those that are compatible.