During disciplinary investigation the individual labor contract suspension is not constitutional


In 05.05.2016, the plenum of Constitutional Court of Romania debated if the article 52 paragraph (1) lit. a) from Labor Code is according with the Constitution.

After debating, the Constitutional Court unanimously admitted the exception of unconstitutionality and decided that the article isn`t constitutional.

The court decision was justified by the fact that the employer decision to suspend the individual labor contract during the disciplinary investigation it`s a disproportionate restriction on the employee right to work, expressly stipulated in Romanian Constitution in article 41.

According to art. 52 paragraph (1) a) from the Labor Code: (1) The individual labor contract can be suspended at the initiative of the employer in the following situations: a) during the preliminary disciplinary investigation, according with the law.

 The decision is binding from the moment of its publication in the Official Gazette.