In 2025, Romanian and European courts issued several rulings that bring essential clarifications for private employers. These decisions cover key areas such as dismissal, suspension of employment contracts, reinstatement procedures, and employers’ obligations toward employees in special situations.
 
Below, we explain the most relevant decisions and what they mean in practice. By the end of this article, you’ll better understand how to act lawfully and why consulting HR and legal experts is highly recommended.
 
1. Dismissals During Medical Leave Are Not Allowed
 
📌 What does this mean?
Romania’s High Court of Cassation and Justice (ICCJ) ruled that an employee on medical leave cannot be dismissed. The key moment is the date when the dismissal decision is issued.
👉 Employment contracts are automatically suspended during medical leave. Therefore, issuing a dismissal decision during this period is illegal, even if the employer was not yet informed about the medical leave.
 
Example:
If an employee presents a medical certificate on the same day the employer plans to dismiss them, the decision must be postponed until after the medical leave ends.
 
2. Maternity Risk Leave Also Suspends the Employment Contract
 
The court clarified that maternity risk leave is legally treated as equivalent to medical leave, even if it's not explicitly stated in the Labor Code.
🎯 During this period:
  • The employee cannot be dismissed.
     
  • No promotions or salary adjustments can be made.
     
  • Benefits linked to higher roles cannot be granted.
     
 
3. Flexible Work for Parents of Children with Disabilities
 
📌 What did the European Court of Justice (ECJ) say?
Employers must consider reasonable accommodations for employees who care for children with disabilities. Refusing to adjust working conditions may be considered discrimination by association.
🔍 This includes situations where the employee is not disabled but is affected by their caregiving responsibilities.
 
Examples of reasonable adjustments:
  • Flexible working hours;
  • Reduced working time;
  • Reassignment to a position with fixed hours.
     
4. Reinstatement After Court-Annulled Dismissal Is Not Automatic
 
📌 Key point:
Even if a court nullifies a dismissal, the employer must inform the employee about the reinstatement and the exact date when work will resume.
⚠️ Without this notice, the employee is not required to return to work, and the employment contract is not automatically reactivated.
 
5. Employees Receiving the Insertion Incentive Cannot Be Dismissed, But Can Be Disciplined
 
Romania’s Constitutional Court (CCR) ruled that employees benefiting from the insertion incentive (e.g., those who return to work early from parental leave) cannot be dismissed. However, they are not exempt from disciplinary action for misconduct.
 
6. Employers Must Prove Actual Business Activity to Hire Foreign Workers
 
Employers applying for work permits must prove they are genuinely performing the business activities listed in their company registration—not just that they are authorized.
 
📌 Authorities may reject applications if:
  • No operational office exists;
  • No evidence of business activity (contracts, invoices, etc.) is provided.
     
Final Thoughts and Recommendation
These recent rulings highlight the importance of clearly understanding legal obligations when managing employment relationships. Whether it’s about suspensions, terminations, or special working conditions, employers must follow both national laws and court interpretations.
To avoid fines, legal disputes, or reputational damage, we strongly recommend working with specialists who can provide tailored legal and HR advice.
 
📞 For professional support and legal clarity, contact the Financess team:
☎️ (+40) 749 097 969
📧 contact@financess.ro