Termenul de preaviz- măsură de protecție socială sau imperativ legal formal?
The notice period – social protection measure or formal legal imperative?

Summary/Abstract: Dismissal, as a way of terminating the individual employment contract, is a measure taken at the initiative of the employer and determined either by reasons related to the employee or by reasons not related to the employee. In case of certain types of dismissal, such as dismissal for reasons not related to the employee, dismissal for professional misconduct or that determined by the physical or mental unfitness of the employee, the law establishes an obligation on the employer, namely granting of a notice period. Below we address the notion of „notice period”, its nature and how it works, both in the case of individual and collective layoffs. In the case of the latter, we analyze the way in which employers perceive this obligation that falls on them, especially in the situation where collective layoffs occur most of the time for economic or technical reasons that make it impossible to maintain a significant number of positions and implicitly employees, or if the activity can no longer be supported or continued by the same number of positions.

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