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ArticlesMarch 8, 20240

Resignation without respecting the notice period

In the situation where an employee wishes to resign without respecting the notice period, but the employer refuses and insists that the employee respects this period, there can be several situations:

If the employer has not fulfilled the obligations provided in the individual employment contract, the employee may resign without notice according to Article 81 paragraph (8) of the Labor Code. In this case, the individual employment contract terminates immediately, without the need to respect the notice period. Resignation is a unilateral act and does not need to be justified by the employee.

If the employer has fulfilled the obligations provided in the individual employment contract, the employer has two options:
• Can completely or partially waive the notice period because the term runs in their favor;
• Can initiate disciplinary proceedings against the employee if they record unjustified absences during the notice period. Depending on the disciplinary deviations mentioned in the internal regulations, the disciplinary sanction may consist of termination of the employment contract.

For the conduct of the disciplinary investigation, the employer must summon the employee in writing, specifying the date, time, and place of the meeting and the purpose of the summons. The employee has the right to formulate and support all defenses in their favor and to provide the commission or the authorized person with all the evidence and motivation necessary. Also, they have the right to be assisted by an external consultant specialized in labor law or by a representative of the union.

It is important for the employer to respect the procedures provided in the Labor Code to avoid possible disputes and to ensure fair and legal treatment of the employee in the situation where they have expressed their intention to resign without respecting the notice period.

In the situation where the employer has not fulfilled any of the obligations provided in the employment contract, the employee could resign without notice based on Article 81 paragraph (8) of the Labor Code:

The employer establishes the disciplinary sanction applicable in relation to the seriousness of the disciplinary offense committed by the employee, taking into account the following:
a) the circumstances in which the act was committed;
b) the degree of guilt of the employee;
c) the consequences of the disciplinary offense;
d) the general conduct in service of the employee;
e) any disciplinary sanctions previously suffered by them.
The employee’s failure to appear at the summons made under the conditions provided by the Labor Code, without an objective reason, gives the employer the right to impose sanctions without prior disciplinary investigation.

During the preliminary disciplinary investigation, the employee has the right to formulate and support all defenses in their favor and to provide the commission or the authorized person conducting the investigation with all the evidence and motivations they consider necessary, as well as the right to be assisted, at their request, by an external consultant specialized in labor law or by a representative of the union to which they belong.

For further information or any additional inquiries, please do not hesitate to contact us:

➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro

We are here to assist and provide legal support for all your needs. We look forward to discussing with you.

Ana Maria Nistor – Attorney at Law

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