Individual dismissal for reasons not related to the employee's person. Calculation of the prior notice term „on working days”. Taking over the duties of the position dissolved by other positions

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

1. The time periods established on „working days”, including the prior notice term, are not calculated according to Article 2553 paragraph 1 of the Civil Code, as this legal provision is incompatible with the specifics of labor relations; they require a full correlation between the rights and obligations of the parties, in the spirit of which the “working days” are those days actually worked or in which, according to the method of organization of the working time established by the employer, the employee should have worked. 
Consequently, the prior notice term, set on days, is calculated per days actually worked or which should have been worked, reflected as such in the timesheets. In general it starts on the day following the service of the dismissal decision and/or prior notice, as the employee  must benefit from the number of full days, and ends on the last day thereof, and as of the next day the employee can be dismissed. 
2. The dissolution of the workplace is possible not only when the activity performed by the holder employee it is no longer necessary, but also when it can be taken over by other positions, in order to reduce salary costs or to be included in the personnel structure approved by the public authority authorised in this respect