The notice in case of dismissal for reasons not related to the person of the employee – Respecting the right to work and the principle of non-discrimination
The notice in case of dismissal for reasons not related to the person of the employee – Respecting the right to work and the principle of non-discrimination

Summary/Abstract: The right to work, freedom to work, the right to dignity at work and the principle of non-discrimination are interdependent concepts and are enshrined in both interna¬tional and domestic law. The Labor Code of 1972 provided for the possibility for the employer to terminate the employment contract of an employee without notifying it in advance and without respecting the notice period, but the employee has the right to receive, upon termination of employment, an allowance equal to the remuneration related to the non-complied term. Although this possibility was no longer maintained in the new Labor Code of 2003, the provisions of collective bargaining agreements con-cluded at national level maintained the possibility for the employer to terminate the employment contract of an employee without notice, provided he pays an allowance equal to the basic salary for one month, as per the date of termination of the employ-ment contract. Currently, failure to give notice with a minimum duration of 20 working days, entails the absolute nullity of the dismissal measure and the dismissal decision. The employer has the possibility to grant paid time during the notice period, but in the situation where the decision targets only one or more of the notified employees, there may be premises for a situation of discrimination.

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