On Monday, 20th of May 2024, the High Court of Cassation and Justice in Romania issued the Decision No 8/2024 by which it admitted the appeal in the interest of the law filed by the Ombudsman, establishing that the period of notice for dismissal ๐ด๐ต๐ข๐ณ๐ต๐ด ๐ต๐ฐ ๐ณ๐ถ๐ฏ ๐ง๐ณ๐ฐ๐ฎ ๐ต๐ฉ๐ฆ ๐ฅ๐ข๐บ ๐ง๐ฐ๐ญ๐ญ๐ฐ๐ธ๐ช๐ฏ๐จ ๐ต๐ฉ๐ฆ ๐ค๐ฐ๐ฎ๐ฎ๐ถ๐ฏ๐ช๐ค๐ข๐ต๐ช๐ฐ๐ฏ ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐ฏ๐ฐ๐ต๐ช๐ค๐ฆ ๐ข๐ฏ๐ฅ ๐ฆ๐ฏ๐ฅ๐ด ๐ฐ๐ฏ ๐ต๐ฉ๐ฆ ๐ญ๐ข๐ด๐ต ๐ฅ๐ข๐บ ๐ฐ๐ง ๐ต๐ฉ๐ฆ ๐ฑ๐ฆ๐ณ๐ช๐ฐ๐ฅ.
Up to this point, the practice of the courts was divided, in the sense that some courts applied the calculation as outlined above, whilst others applied the calculation method regulated by the Civil Code, according to which the first and last day are not be included in the calculation of the period.
Note: The miscalculation of the notice period to the detriment of the employee, by even one day, renders the dismissal decision null and void. The decision of the Higher Court is therefore all the more important and is to be applied by all employers and courts in future lawsuits.
This newsflash was first published in May 2024 by our Romanian member firm Suciu – Employment & Data Protection Lawyers. For more insights or if you have employment related questions, please reach out to our representative Andreea Suciu, Founder & Partner at the firm.
