The Ilfov Tribunal dismissed the claim in its entirety as unfounded, and the judgment became final. The company thus avoided salary claims which, calculated up to reinstatement, could have exceeded RON 200,000.
The legal situation
The individual employment contract had been concluded for an indefinite period and provided for a probationary period. A few days after the agreed start date, the company notified the termination of the contract under Article 31(3) of the Romanian Labour Code.
The employee did not perform any work during the probationary period. He nevertheless challenged the termination, arguing that it was abusive, and claimed payment of his salary until reinstatement.
He sought:
- the annulment of the termination notice;
- reinstatement in his position;
- retroactive payment of indexed, increased and updated salaries and other entitlements, until actual reinstatement;
- legal costs.
The company's defence
The strategy focused on the clear distinction between dismissal and termination during the probationary period.
Under Article 31(3) of the Labour Code, during or at the end of the probationary period, the individual employment contract may be terminated only by written notice, without notice period, at the initiative of either party, without the need to give reasons.
The defence addressed:
- the lawfulness of the written termination notice;
- the fact that the measure fell within the contractual probationary period;
- the merits of the measure, not only its lawfulness: the employee had not performed any work during the probationary period, and his claim to be paid for work never performed had no basis;
- the distinct legal regime of this form of termination compared to dismissal;
- the absence of any legal obligation to give reasons;
- the lack of grounds for annulling the measure and for reinstatement;
- the lack of conditions for awarding the salaries and other entitlements claimed.
The court's decision
The Ilfov Tribunal dismissed the claim as unfounded. The judgment was not appealed and became final.
The termination remained valid, being both lawful and well-founded. The company was relieved of paying the salaries and other entitlements claimed, and was not ordered to annul the notice or to reinstate the former employee.
The claims would have grown with every month of litigation, as the compensation sought was calculated up to actual reinstatement.
Why it matters for employers
The probationary period allows both parties to check whether the employment relationship can continue. Termination during this period has a different legal regime from dismissal and does not require a disciplinary procedure or a formal professional assessment.
However, the notice must be drafted and communicated correctly. Contradictory documents, inconsistent data in the employee register or late communication of the notice can lead to disputes and significant salary claims.
Before terminating a contract during the probationary period, check:
- that the contract provides for a probationary period, and its length;
- the actual start date of the work and whether the employee reported for work;
- when the notice was issued and communicated;
- consistency between the contract, the notice and the entries in the employee register;
- that proof of communication to the employee is kept.
Legal assistance in employment disputes
We provide advice and representation in disputes concerning:
- challenges to dismissal decisions;
- termination during the probationary period;
- reinstatement and payment of back pay;
- restructuring and redundancies;
- disciplinary dismissals;
- employees' financial liability;
- non-compete and confidentiality clauses;
- labour inspectorate inspections.