Collective Dismissal. Applying the Criteria for Selecting the Employees Targeted by the Redundancy
Collective Dismissal. Applying the Criteria for Selecting the Employees Targeted by the Redundancy

Summary/Abstract: During the reorganization of an employer it is likely that after the elimination of the positions which were deemed redundant or whose maintenance was considered too expensive for the company, it is a concern of applying the procedural provisions of collective dismissal. This is not to overlook the fact that any company can be found at similar positions in terms of specific activity undertaken. In these cases, when the collective redundancies are caused by the abolition of posts that are no longer needed in the structure of society, when the posts of the same kind, for determining the order of priority to dismissal must take place the selection of the employees occupying the positions concerned to be eliminated from the complany’s structure, and the termination is based on a criteria.The criteria considered by the employer to prioritize dismissal if applicable for employees who hold positions posts are identical or similar dismiss only some of these positions. This raises the question of which criteria is determined for choosing which employees will have priority to dismissal.Unfortunately at this moment the Romanian legislation, namely Law no. 53/2003 – Labour Code, republished, does not regulate the definition of that concept but no clear procedure to be followed for employers who are in this situation, there are some general principles in doctrine followed in such cases.

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