The notice period is defined in § 51 of the Labor Code No. 262/2006. The notice period regulates the relationship between the employee and the employer. By law, the standard notice period is 2 months and cannot be shortened, except in certain specific cases. If a shorter resignation period is stated in the employment contract, it cannot be considered binding unless it falls under an exception.
The resignation period never starts immediately from the day the notice is given; it is always tied to the first day of the following month. For example, if you submit your notice on January 1, the notice period starts on February 1, which, on paper, makes the effective notice period 3 months. If the employment contract specifies a longer resignation period, it applies equally to both parties; the employer cannot require, for example, a 4-month notice period while dismissing the employee after 2 months.
In relation to the notice period, it is important to know the following terms:
Notice – a decision made by one party only – the employee or the employer. A notice must always be submitted in writing; verbal agreements are not valid. Employees can give notice at any time and without giving a reason. It can be delivered in person or by mail, preferably as a registered letter, so the employee has proof of delivery. If the notice is given by the employer, a reason must always be provided, as regulated by the Labor Code.
Agreement – terminating employment by mutual agreement requires the consent of both parties, documented by signatures. For agreements, the notice period depends on the needs of both the employee and the employer.
Probationary Period – during the probationary period, either the employer or employee can terminate employment at any time without giving a reason. The notice period in this case is immediate.
Protective Period – a period during which the employee is protected from dismissal. This applies to employees who are temporarily incapacitated, most commonly to pregnant women and women on maternity or parental leave. It also applies during care leave, performance of public duties, and military exercises. If a notice was given before the protective period, it must be extended until the protective period ends, after which the notice period continues.
Severance Pay – if an employee is dismissed due to redundancy, business closure, or relocation of operations to another city, they are entitled to severance pay. The amount depends on the length of service with the employer. In the case of mass layoffs, the notice period is 30 days from the date the written notice is delivered.
Immediate Termination of Employment – the employment notice can also be immediate, sometimes referred to as “hourly” notice. Employers may issue it to employees who violate work duties, thus breaching the employment contract. Conversely, employees may give immediate notice due to health issues or non-payment of wages within the legal deadline.
Vacation – unused vacation days are also part of the termination notice. During the notice period, employees can either take the vacation or agree with the employer to be paid in lieu of leave.
