The spread of Covid-19 cases continues and the problem of how to approach the virus in professional life has become a priority. During this period there are companies that have decided to suspend their activity.
The suspension of the employment contract can occur both at the request of the employee or the employer. In the real context, we will present the conditions where the Employer can suspend the employment contract and which are the situations in which it is suspended by law.

Suspension of law

In accordance with Art. 50 of the Labor Code, the individual employment contract is suspended by law, as follows:
• Maternity leave;
• Temporary incapacity for work;
• Quarantine;
• Exercising a function within an executive, legislative or judicial authority;
• Performing a leadership position in the union;
• The force majeure;
• In case of preventive arrest;
• From the expiration of the period for which the notices, authorizations or license necessary perform the profession were issued. If, within 6 months, the employee has not renewed his / her opinions, authorizations or attestations necessary for the exercise of the profession, the individual employment contract ceases by law;
• Other cases expressly provided by law.

Quarantine and force majeure are two cases we face in this period.

At the moment the Covid-19 pandemic does not mean the application of force majeure. As a result, employers cannot suspend individual work contracts due to this situation.

Considering the situation generated by COVID-19, the suspension of the individual employment contract at the initiative of the employer, according to art. 52 of the Labor Code can mainly occur in the following cases:

• In case of temporary interruption or reduction of the activity, without ceasing the employment relationship, for economic, technological, structural or similar reasons;
• If against the employee was taken, according to the Code of criminal procedure, the measure of judicial control or judicial control on bail, if in his charge were established obligations that prevent the execution of the employment contract, and if the employee is arrested at home, and the content of the measure prevents the execution of the employment contract;
• During the detachment;
• During the suspension by the competent authorities

During the reduction and / or temporary interruption of the activity, the employees who no longer work, benefit from an allowance, paid from the salary fund, which cannot be less than 75% of the basic salary corresponding to the job occupied.

During the reduction and / or temporary interruption of the activity of the employee will be at the disposal of the employer, the latter having at any time the possibility to have the activity resumed.

 
In case of the questions, please, do not hesitate to contact us:

Carmen Cojocaru
Partner
carmen.cojocaru@kreston.ro
+40 727 333 336
Eduard Pavel
Partner
eduard.pavel@kreston.ro
+40 727 333 345