Amended Romanian Labor Code: Rules On Collective Layoffs Do Not Apply To Public Servants

The draft Code put up for public debate in December 2010 repealed article 72 of the current Code, which says "the employer responsible for collective layoffs may not hire new people for those positions for nine months." The new draft amends article 72 to read that the provisions concerning collective layoffs do not apply to public sector employees or to definite-period work contracts, except when these layoffs are carried out before such contracts are due to expire.

The draft also says that, during the run of a trial work period, an individual labor contract may be terminated only via written notice by any of the parties. During this period, the employee enjoys every right and has every obligation provided by labor legislation. The trial period is also taken into account for the purposes of determining experience and social contribution level.

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