{"id":10073,"date":"2019-02-13T12:23:19","date_gmt":"2019-02-13T09:23:19","guid":{"rendered":"https:\/\/beta.kreston.ro\/2020\/06\/05\/dismissal-for-poor-performance\/"},"modified":"2020-06-05T17:13:49","modified_gmt":"2020-06-05T14:13:49","slug":"dismissal-for-poor-performance","status":"publish","type":"post","link":"https:\/\/kreston.ro\/en\/dismissal-for-poor-performance\/","title":{"rendered":"Dismissal for poor performance"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]According to the Law 53\/2003 – Labor Code, art. 61, dismissal for poor performance is included in the dismissal for reasons related to the person\/employee.<\/p>\n

What are the causes of poor performance dismissal<\/strong>?<\/strong><\/p>\n

Causes of dismissal due to poor performance may be:<\/p>\n

a) failure to meet the evaluation criteria established when concluding of the employment contract;<\/p>\n

b) obtaining poor results on two consecutive periodical assessment;<\/p>\n

c) weak performance of the department that the employee is leading;<\/p>\n

d) missing deadlines \/ non-completing duties or performing duties at a lower standard than the set for employment;<\/p>\n

e) negligence at work.<\/p>\n

An employee cannot be dismissed on poor performance in the following cases:<\/strong><\/p>\n

a) Due to employee\u2019s psychological \/ physical inability.<\/p>\n

b) Bringing loss to the employer with intent. This is a disciplinary case and will be subject to disciplinary procedures;<\/p>\n

c) Withdrawal of the authorisations, or certifications necessary for exercising one\u2019s profession by law enforcement<\/p>\n

d) Employee’s refusal to participate to the training due to objective reasons.<\/p>\n

What are the stages of dismissal due to poor performance?<\/strong><\/p>\n

a)<\/em><\/strong> Employees\u2019 assessment<\/em><\/strong><\/p>\n

According to the Law 53\/2003 – Labor Code, art. 63, paragraph (2), dismissal due to poor performance may only be decided after the employee’s assessment, according to the assessment procedure established through Internal Order Regulation.<\/p>\n

b) <\/em><\/strong>Schedule employee re-evaluation<\/em><\/strong><\/p>\n

If the employee has achieved poor results in the assessment process, the employer will set a deadline in which the employee has the opportunity to improve their results. The deadline will be determined by the evaluation committee according to the complexity of the identified noncompliance.<\/p>\n

If the employee doesn\u2019t improve his\/her results, he\/she will be transferred to another position in accordance with his \/ her professional level..<\/p>\n

If the employer does not have vacancies compatible with his\/her professional background, the employee will be dismissed due to being unfit professionally.<\/p>\n

What other options do we have if the employee does not correspond professionally to the job?<\/strong><\/p>\n

a)Switching to another job \/ position<\/em><\/strong><\/p>\n

According to art. 64 of Law 53\/2003 – Labor Code, if the employee\u2019s is found unfit professionally, the employer has the obligation to present him \/ her other vacancies in the unit, compatible with his \/ her professional training.<\/p>\n

The employee shall have a deadline of 3 working days from the notification of the employer, to express his\/her written consent on the newly offered position.<\/p>\n

If the employee does not express his\/her consent within 3 working days, the employer may dismiss the employee.<\/p>\n

b)<\/strong> Notification of the local public employment office <\/em><\/strong><\/p>\n

If the employer has no vacancy, he shall request the support of the local public employment office in order to reallocate the employee, according to his\/her professional background.<\/p>\n

Does the employee have the right to protection in case of dismissal?<\/strong><\/p>\n

The dismissal on poor performance grounds is assimilated to dismissal for reasons not imputable to the employee. By proposing vacancies according to his\/her professional background, and by requesting the local public employment office support, the employer offers protection to the employee, hence it comes in with other alternatives so that she\/he will not remain unemployed.<\/p>\n

Also as protection for the employee, in the case of dismissal for being unfit professionally, the employee shall have the right to a notice period of at least 20 working days.<\/p>\n

When is the decision to dismiss due to poor performance \/ unfit professionally taken?<\/strong><\/p>\n

The employer shall issue the dismissal decision within 30 calendar days from the acknowledgement of the cause of dismissal.<\/p>\n

Contact our specialists for more details here:\u00a0https:\/\/kreston.ro\/en\/contact<\/a>[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

[vc_row][vc_column][vc_column_text]According to the Law 53\/2003 – Labor Code, art. 61, dismissal for poor performance is included in the dismissal for reasons related to the person\/employee. What are the causes of poor performance dismissal? Causes of dismissal due to poor performance may be: a) failure to meet the evaluation criteria established when concluding of the employment […]<\/p>\n","protected":false},"author":1,"featured_media":14902,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[257],"tags":[366,367,368,284,360,369,370,371],"class_list":["post-10073","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog-en","tag-assessment-en","tag-concediere-en","tag-decizie-en","tag-dismissal-en","tag-evaluare-en","tag-necorespundere-en","tag-performanta-en","tag-poor-performance-en"],"_links":{"self":[{"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/posts\/10073","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/comments?post=10073"}],"version-history":[{"count":3,"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/posts\/10073\/revisions"}],"predecessor-version":[{"id":10076,"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/posts\/10073\/revisions\/10076"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/media\/14902"}],"wp:attachment":[{"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/media?parent=10073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/categories?post=10073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kreston.ro\/en\/wp-json\/wp\/v2\/tags?post=10073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}