INDIVIDUAL EMPLOYMENT CONTRACT SUSPENSION IN CASE OF ACTIVITY INTERRUPTION AND / OR THE TEMPORARY ACTIVITY REDUCTION

The economic and financial reasons determined by the current crisis have imposed to the Romanian legislator that, in the flexible regulatory context concerning the labour reports, has to intervene to reduce the loss. The legal framework available to the employer in this situation refers to the provisions of the art. 52, 1st paragraph, letter c, art.52, 3rd paragraph, art.53 and 122, 3rd paragraph, all from Law no.40/20111, for Law no.53/2003 modification and amendment concerning the Labour code. Under conditions of economic crisis, it is natural that employers have the necessary means to efficiently organize their activity, meanwhile keeping its staff on these periods. This does not mean that, during the suspension period the employees can not resign, no need to terminate the suspension provided for in Article 52 line 3 of the Labour Code in order to intervene in the individual labor contract termination. From the employer's perspective there is no ban imposed to him by art. 60 of the Labour Code in relation to this type of suspension, so that the latter may proceed to dismiss the employee during the unilateral suspension of his labor contract arranged under Article 52 line 3 of the Labour Code.