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.