On the Possibility of the Employer to Terminate Unilaterally the Labor Contract of a Pregnant Employee during the Probationary Period

Author:Georgeta Modiga Modiga, Andreea Miclea
Pages:118-121
SUMMARY

We intend to analyze the way in which the provisions of art. 31, par. 3 of the Labor Code concerning the possibility for the employer to terminate the labor contract unilaterally only by written notice, without notice and without having to justify during the probation period the legal provisions establishing the prohibition of dismissal of a pregnant employee, who has previously notified her... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2017
118
On the Possibility of the Employer to Terminate Unilaterally the Labor
Contract of a Pregnant Employee during the Probationary Period
Georgeta Modiga1, Andreea Miclea2
Abstract: We intend to analyze the way in which the provisions of art. 31, par. 3 of the Labor Code concerning
the possibility for the employer to terminate the labor contract unilaterally only by written notice, without notice
and without having to justify during th e probation period the legal provisions establishing the prohibition of
dismissal of a pregnant employee, who h as previously notified her condition during the probation period,
respectively with the provisions o f art. 60 par. 1, letter d of the Labor Code, art. 21 from G.E.O. no. 96/2003
on the protection of maternity and art. 10, par. (6) of the Law no. 202/2002 on equal opportunities and treatment
of women and men.
Keywords: Labor Code; pregnant employee; written notice
The probationary period is a common option in employment relationships between employees and
employers, temporary working agents and temporary workers, and it is an extra chance for both parties
to check whether the conclusion of a contract of employment is the most inspired choice. There is a
chance to discover, as an employer, if its worthwhile to invest in the following years in the employee
you submit to a probationary period, and for the employee, it is a chance to find out if that job is what
he is looking for.
Perhaps the best known aspect of the probationary period is that the employer and the employee can
also terminate the employment relationship by simple notification, without motivation, without notice,
according to the provisions of art. 31, par. 3 of the Labor Code.
Thus, in the context of a legislation which strictly and restrictively regulates the employer's right to
terminate an employment contract, the Romanian legislator provided - by regulating the probationary
period - the possibility for the employer to unilaterally terminate the employment contract by a simple
written notification, without giving a notice and without motivating its decision to terminate.
However, this exceptional employer privilege has often opened the way to abuses, a fact that has made
it necessary to establish clearly the legal nature of this mode of termination of employment.
The way in which this type of termination of the employment contract is technically interpreted during
the probationary period is relevant in the practical application of the prerogative to terminate the
employment relationship.
1 Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654, Romania,
Tel.: +40372361102, Corresponding author: georgeta.modiga@univ-danubius.ro.
2 PhD in progress, University of Titu Maiorescu, Romania, Address: 22 Dâmbovnicului Str., Bucharest 040441, Romania, E-
mail: andreea.miclea@vasiliumiclea.ro.

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