THE PHYSICAL AND/OR PSYCHIC INABILITY DISMISALL OF THE EMPLOYEE IN ROMANIAN LABOUR LAW

Olimpia-Monica Matias ()
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Olimpia-Monica Matias: Institute for Doctoral Studies, Law Department, Bucharest Univversity of Economic Studies, Judge at Timis Court, Romania

Perspectives of Law and Public Administration, 2013, vol. 2, issue 1, 148-160

Abstract: On the historical and legal side, the physical and/or psychic inability of the employee to provide the corresponding post in which he was employed as a basis for the contract of employment that equated professional discordance (article 130 paragraph 1 letter e of the Labor Code of 1973, adopted by law No. 10 of 25 November 1972). Dismissal for medical reasons is one of the cases of termination of the individual contract of work from the employer, which excludes the employee's contributory negligence. The employee is unable to fulfill his/her service obligations due to the reduction of some of his/her biological, intellectual capacity. The physical condition and/or mental inability of an employee in the performance of the duties corresponding to a post service is not general, but specific workplace at the time. Owing to the nature of the objective medical lies, we appreciate the useful proposal de lege ferenda, that where the employer opts for the dismissal of the employee pursuant to art. 61(c) the Labor Code, due to the fact that at the same time there is no vacancy in the unit, to opt for the cessation of the individual employment contract.

Keywords: dismissal; physical inability; psychic inability; employee (search for similar items in EconPapers)
JEL-codes: K31 (search for similar items in EconPapers)
Date: 2013
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