APLICABILITATEA INTERDICȚIILOR TEMPORARE DE CONCEDIERE ÎN CAZUL ÎNCETĂRII CONTRACTULUI INDIVIDUAL DE MUNCĂ PE DURATA SAU LA SFÂRȘITUL PERIOADEI DE PROBĂ

The interpretation and the application of the provisions of Article 31 (3) and Article 60 of the
Labour Code have led to the existence of a non-unitary judicial practice and to the expression of
some divergent positions in the doctrine as regards the applicability of the temporary prohibitions on
dismissal in case of termination of the individual labour contract at the initiative of the employer,
during or at the end of the period of probation. In a first doctrinal and jurisprudential orientation it is
argued that Article 60 of the Labour Code is not applicable, because we are not in the presence of a
dismissal, but of a separate case of termination of the individual labour contract at the initiative of the
employer. The second opinion argues the thesis according to which the termination of the individual
labour contract at the initiative of the employer during or at the end of the period of probation is also a
case of dismissal, the legislative derogations aiming only at simplifying the dismissal procedure
during the period of probation, and not at removing the temporary prohibitions on dismissal provided
by Article 60 of the Labour Code.