Notice - what is it, how is it calculated and when can you be dismissed without a notice?📄

What is notice?

The notice is the notification sent by one of the parties of the employment relationship (employer or employee) informing the other party of the intention to terminate the individual employment agreement, subject to a notice period set by law and the individual employment agreement.

How long is the notice period?

In case of dismissal, employees dismissed under art. 61 lit. c) and d), art. 65 and art. 66 of the Labour Code are entitled to a notice period of not less than 20 working days.

In the case of resignation, the length of notice shall be determined by the individual employment agreement or, as the case may be, by the applicable collective bargaining agreements, but may not exceed:

• 20 working days for employees in executive positions;
• 45 working days for employees in managerial positions.

How is the notice calculated?

The way to calculate the notice period was established by Decision of the High Court of Cassation and Justice no. 8 of May 20, 2024, which established that the notice period starts to run from the day following the communication of the notice and ends on the last day of the period.

📌 Example: if you resign today, the 20 working days of notice period is calculated from tomorrow.

Can you be dismissed without notice?

Yes, but only in certain situations:

• During the probationary period - the individual employment agreement can be terminated solely by a written notification, without a notice, at the initiative of either party, without having to give reasons.
• In case of dismissal if:
  • the employee has committed a serious misconduct or repeated breaches of internal rules;
  • the employee is remanded in custody or under house arrest for more than 30 days.

📌 Apart from these situations, giving notice is mandatory!

Our team of lawyers offers you specialized advice and tailor-made legal solutions to efficiently manage the notice procedure and protect your interests, whether you are in the position of an employee or an employer.