Concediere pentru inaptitudine profesională. Ce se înţelege prin „data constatării cauzei concedierii” pentru inaptitudine profesională, în sensul art. 62 alin. (1) C. mun.

Judecător Cristina Mănăstireanu

Dismissal for professional unfitness. What is meant by “the date of establishing the cause of dismissal” for professional unfitness, for the purpose of Art. 62 para. (1) of the Labour Code

Abstract

According to Art. 62 para. (1) of the Labour Code, in case the dismissal occurs for the reasons referred to in Art. 61 letter c), namely for the employee’s physical and/or mental unfitness, which does not allow them to fulfil their job duties, the employer is required to issue the dismissal decision within 30 calendar days from the date of establishing the cause of dismissal.

In order to trigger the dismissal procedure, according to the provisions of Art. 61 letter c), the employer must establish that there is a “cause of dismissal”, namely it must have information, concrete data that the...