The physical and/or psychic inability dismisall of the employee in romanian labour law

Author:Olimpia-Monica Matias
Position:nstitute for Doctoral Studies, Law Department, Bucharest Univversity of Economic Studies, Judge at Timis Court, Romania
Pages:148-160
THE PHYSICAL AND/OR PSYCHIC INABILITY DISMISALL
OF THE EMPLOYEE IN ROMANIAN LABOUR LAW
PhD student Olimpia-Monica MATIAŞ
1
Abstract
On the histor ical and legal side, the physical and/or psychic inability of the employee to provide the
correspon ding post in which he was employed as a basis for the contract of employment tha t equated professional
discorda nce (article 130 para graph 1 letter e of the Labor Code of 1973, adopted by law No. 10 of 25 November 1972).
Dismissal for medical reasons is one of the ca ses of termination of the individual contr act of work from the employer,
which excludes the employee's contr ibutory negligence. The employee is una ble to fulfill his/her ser vice obligations due
to the reduction of some of his/her biologica l, intellectua l capacity. The physical condition and/or mental inab ility of an
employee in the performance of the duties corresponding to a post service is not general, but specific workplace at the
time. Owing to the nature of the objective medical lies, we apprecia te the useful proposal de lege ferenda, tha t where
the employer opts for the dismissal of th e employee pur suant to art. 61 (c) the Labor Cod e, due to the fact that at the
same time there is no vacancy in the unit, to opt for the cessa tion of the individual employment contract.
Keywords: dismissal, physical inab ility, psychic inability, employee
JEL Classification: K31
1. Definition and History
On the historical and legal side, the employee physical and / or mental inability to perform
the work for which he/she has been assigned is a ground for the cancellation of the employment
contract assimilated to that for professional unfitness the physical and/or psychic inability of the
employee to provide the corresponding post in which he was employed as a basis for the contract of
employment that equated professional discordance (article 130 paragraph 1 letter e of the Labour
Code of 1973, adopted by law No. 10 of 25 November 19722).
The Labour Code in 20033 has expressly established the employee dismissal institution for
medical reasons.
According to art. 61 letter c. of the Labor Code, the employer may order dismissal "when, by
decision of the competent expert medical report bodies, a physical and /or a mental inability of the
employee is assessed, preventing him/her from fulfilling the duties corresponding to the position
owned”.
Dismissal for medical reasons is one of the cases of termination of the individual
employment contract by the employer, which excludes the employee's fault.
The employee fails to fulfill service obligations due to the reduction of some of his/her
biological, intellectual capabilities.
The following cases show examples of physical and / or mental inability of the employee4:
- Reduced acuity of one or more senses, namely those which the employee uses for his/her work;
- Loss of skill for professions where this capacity is required;
- Disturbances of reflexes for the persons who perform quick and accurate interventions (drivers,
pilots, traffic controllers, etc.).
- Memory loss;
1 Olimpia-Monica Matia - Institute for Doctoral Studies, Law Department, Bucharest Univversity of Econo mic Studies, Judge at
Timis Court, Romania, olimpia_matias@yahoo.com
2 Published in the Official Gazette no. 140 of 01.12.1972.
3 Law no. 53/2003, as it was published in the Official Gazette of Romania, Part I, no. 345 of 18 May 2011.
4 See Raluca Dimitriu, Reflections on the employee dismissal for physical and/or mental incapacity, in the „Romanian Labour Code
Magazine” no. 4/2004, p. 38.

To continue reading

Request your trial