Recent case law on the matter of the dissolution of the employee’s position states that the requirement of the real cause involves the objective nature of the dissolution of the position and the serious cause requirement implies, on one hand, the existence of serious and thorough studies on improvement of the employer’s activity, and on the other hand, the actual reality. In view of the correct application of art. 65 of the Labour Code, the Court shall verify the existence of the difficulties of maintaining the employee’s job but also the provision of the employer’s damage. (Civil Decision no. 378/A/30th January 2015 of the Bucharest Court of Appeal, The 7th Section – cases regarding labour disputes and social insurance).
Romania