Performance and Collective Dismissals – an Evaluation of the Legal Practice on the Subject Matter
Performance and Collective Dismissals – an Evaluation of the Legal Practice on the Subject Matter

Author(s): Ioana Cristina Cristescu
Subject(s): Law on Economics
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: labor law; collective dismissal; employee selection process; performance criteria;
Summary/Abstract: The concept of performance, in principle, implies a subjective assessment of the quality of work and the extent to which the "winning behaviors” are manifested by use of knowledge, skills and abilities by the employee in the process of work. In this context, it seems surprising to find within the amendment in 2011 of the collective dismissal procedure stipulated by the Labor Code some stages and concepts linked to performance within the work frame of the dismissal regulated by art. 65 et seq of the Labor Code. Although, essentially, is a type of objective dismissal based on the removal of the employee's working place for one or more reasons unrelated to his or her person, the redundancy may be influenced during the collective dismissal process by subjective elements associated to performance concept. Such subjective elements are present both at the stage the assessment of goals achievement and at the stage of applying the criteria for prioritizing the dismissals by application of performance criteria or traditional social criteria. The hybrid nature of the selection criteria within the collective dismissal procedure is also highlighted by the recent legal practice, which begins to reveal the increase of the consciousness of legal science over that of human resources management and leads to the development of a new, complex and interesting judicial practice. This article aims to initiate a broader study of the interference of these two domains, surprising the impact of performance in targeted redundancies regulated by labor law.

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