Recently, the Romanian Constitutional Court has declared unconstitutional one case of suspension of the individual employment contract on the employer’s initiative. Consequently, this case of suspension is repealed from the Romanian Labor Code. (RCC Decision no. 279/2015 published in the first part of the Official Gazette, no. 431 from 17th June 2015).
Until now, the employer had the possibility to suspend an individual employment contract when the employer has lodged a criminal complaint against the employee.
The Constitutional Court ruled that the suspension of the individual employment contract, as a result of the criminal complaint of the employer against the employee, does not have a proportional character and therefore, the suspension measure is too excessive in relation to the object to be achieved.