Contesting a Dismissal in Romania

You contest a dismissal in Romania with a claim (contestație) at the Cluj Tribunal (Tribunalul Cluj) within 45 calendar days of learning of the decision, or 30 for a disciplinary dismissal. No court fee applies and the employer must prove the dismissal was lawful (art. 268, 270 and 272 of the Romanian Labour Code, Codul muncii, Law no. 53/2003).

How long do I have to challenge a dismissal in Romania?

The Labour Code sets two different deadlines, and which one applies depends on the type of decision.

Art. 268(1)(a) applies to any unilateral measure of the employer concerning the conclusion, performance, modification, suspension or termination of the contract, including payment commitments. It has read 45 days since 13 November 2021 (Law no. 269/2021). Before that the Code said 30 days, and many websites still show the old number. For disciplinary sanctions the Code kept 30 days in two places, art. 252(5) and art. 268(1)(b).

Both deadlines are strict time limits (termen de decădere): a claim filed late is rejected without looking at the merits. Whether a given decision is “disciplinary” can itself be disputed. My practical advice is therefore to act within 30 calendar days in every case. Count the days with the court deadline calculator, and send me the decision as soon as you have it.

Which court hears a dismissal case in Cluj?

Individual labour disputes are heard in first instance by the tribunal (art. 269(1)). The claim goes to the tribunal of the district where you, the claimant, have your domicile, residence or workplace (art. 269(2)). If you live or work in Cluj, that is the Cluj Tribunal, labour disputes section. The appeal goes to the Cluj Court of Appeal (Curtea de Apel Cluj).

The Code does not require you to complain to the employer or to the Territorial Labour Inspectorate (ITM) first. You can go straight to court.

Is there a court fee for contesting a dismissal?

No. Labour disputes are exempt from court stamp duty (taxă judiciară de timbru) and judicial stamp (art. 270). The costs you may have are your own, for example authorised translations of documents in English. The court decides at the end who bears the costs of the case.

Who has to prove what?

In a labour dispute the burden of proof lies on the employer, which must file its evidence in its defence by the first hearing (art. 272). The employer may rely only on the factual and legal reasons written in the dismissal decision (art. 79). If the decision lacks the mandatory content, the reasons, the notice period, the selection criteria in a collective redundancy, the list of vacant posts where art. 64 applies (art. 76), or the legal reasoning and the challenge details required by art. 62(3), the dismissal is void (art. 78).

Your side of the file is still important. Emails about the restructuring, the organisation chart before and after, job advertisements for your former role, performance reviews, witnesses. The court applies urgency to evidence too, and a party that delays without reason can lose the right to the evidence it was granted (art. 273).

What can the court order?

Under art. 80 the court that finds the dismissal unfounded or unlawful:

• annuls the dismissal decision;
• orders the employer to pay compensation equal to the indexed, increased and updated salaries and the other rights you would have received (art. 80(1));
• at your request, puts the parties back in the situation before the dismissal, meaning reinstatement (reintegrare) to your position (art. 80(2));
• if you do not request reinstatement, declares that the contract ends on the date the judgment becomes final (art. 80(3)).

Moral damages are possible under art. 253(1), which makes the employer liable for material or moral harm caused through its fault in connection with your work. The first-instance judgment is enforceable by law (art. 274). If reinstatement is ordered and the employer complies, it must notify you that the contract is reactivated and from what date you resume work (High Court decision no. 362/2025).

How does the case unfold?

1. Review and deadline check. I read the decision, the contract and your evidence, confirm which deadline applies and tell you what you can ask for.
2. Filing. I draft the claim in Romanian and file it at the Cluj Tribunal. You sign a lawyer’s power of attorney (împuternicire avocațială). No court fee (art. 270).
3. The employer’s defence. The employer must file its defence and evidence by the first hearing (art. 272).
4. Hearings. Labour cases are heard urgently and hearings are set no more than 15 days apart (art. 271(1) and (2)). Summons are valid if served at least 24 hours before the hearing (art. 271(3)), so stay reachable. I appear for you; you attend when your presence helps.
5. Judgment and appeal. The Tribunal’s judgment is enforceable (art. 274). Either side may appeal once, within 10 days from communication, to the Cluj Court of Appeal (art. 271(2^1) and (2^2)).

How long all this takes depends on the court’s calendar and on the evidence. I give you a realistic picture once I have seen the file, not a promise.

What should I bring?

• the dismissal decision and anything showing the date you received it (envelope, email, signature with date);
• your employment contract, addenda and job description (fișa postului);
• the notice letter, if any, and the internal regulation (regulament intern) or collective agreement, if you have them;
• payslips for the last months, to calculate the compensation under art. 80(1);
• for a disciplinary dismissal, the summons to the disciplinary hearing and the minutes;
• emails, messages and documents about the restructuring, your performance or the facts you are accused of;
• your identity document and, for non-EU citizens, your residence permit, for the power of attorney.

Related pages: unfair dismissal in Romania, redundancy, disciplinary procedure and the overview of my employment law practice in Cluj. To start, write to me through the contact page.

Consolidated text of the law: Codul muncii, Legea nr. 53/2003 (legislatie.just.ro).