Termination of Employment for Reasons Related to the Employee’s Personal Circumstances

According to Article 61 of Law No. 53 of 2003 on the Labor Code, the employment contract can be terminated for reasons related to the employee’s personal circumstances if:

• The employee commits a serious or repeated disciplinary offense or violates essential obligations arising from the employment relationship,
• The employee is placed under pretrial detention or house arrest for more than 30 days,
• A medical expert establishes a physical or psychological incapacity that prevents the employee from fulfilling workplace obligations,
• The employee is professionally unqualified.

In practice, particular attention is required when terminating employment based on points (a) and (d), as these cases mandate a prior disciplinary procedure (a) or a professional evaluation (d).

A disciplinary offense refers to any culpable action or omission by the employee related to their work, through which the employee violates legal regulations, internal rules, an individual or collective employment contract, or lawful instructions from superiors.

Since the law does not define what constitutes a “serious disciplinary offense,” it is up to the employer, within the framework of the required disciplinary procedure, to assess the severity of the offense, taking into account the circumstances, consequences, the employee’s conduct, and any previous disciplinary measures imposed on the employee.

Failure to conduct a disciplinary procedure may render the termination unlawful and the decision null and void.

In legal practice, justified grounds for termination may include repeated lateness (two instances suffice), repeated unauthorized absences, intoxication, or alcohol consumption during working hours.

To ensure procedural compliance, the employer must document the justified termination decision in writing within 30 calendar days of becoming aware of the offense, and no later than six months after the occurrence of the offense.

The employee’s professional competence must be evaluated in relation to the actual job responsibilities, obligations, and the nature of the work.

Termination on this basis does not require proof of any resulting damage, but it is mandatory to conduct a prior professional evaluation in accordance with the procedure outlined in the collective employment agreement or internal regulations. The termination decision must be drafted within 30 days of establishing the reason for termination.

It is important to remember that unilateral termination of employment is a last resort, to be used only if the reasons are truly serious and provable. Adhering to the procedure is of utmost importance, as in the case of an unlawful termination, the court may order the employee’s reinstatement to their former position and the payment of missed benefits.