How long does an employee in Romania have to challenge a dismissal?

45 calendar days from learning of the dismissal (art. 268 (1) (a) of the Labour Code, as amended by Law no. 269/2021). If the employer dismissed you as a disciplinary sanction, the decision is challenged within 30 calendar days of its communication (art. 252 (5) and art. 268 (1) (b)). A challenge filed late is dismissed as out of time, so do not wait for the last day.

Where is a dismissal challenge filed in Romania, and what does it cost?

At the tribunal for the area of your home, residence or workplace (art. 269 of the Labour Code, as worded by Emergency Ordinance no. 42/2023): at its registry, by post with proof of receipt, or by e-mail. The challenge is exempt from court fees (art. 270), and an employee may file and argue it in person. Attach a copy of the decision and one copy each for the court and for the employer.

What can a Romanian employee obtain if the tribunal annuls the dismissal?

The tribunal annuls the decision and orders the employer to pay compensation equal to the indexed, increased and updated wages and the other rights you would have had; at your request, it restores the parties to their former position, that is, reinstates you (art. 80 of the Labour Code). The employer must prove its case (art. 272). The tribunal's judgment can be appealed within 10 days of being communicated (art. 271 (2¹)).

Challenge to a dismissal decision (Romania)

Name: Challenge to a dismissal decision (Romania)
Brand: DocMuse
SKU: contestatie-decizie-de-concediere
Price: 2.00 EUR
Availability: InStock
Author: DocMuse

Romania · in Romanian · for employees

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21 questions · about 9 min

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The claim by which an employee in Romania asks the tribunal to annul a dismissal decision. It is filed within 45 calendar days of learning of the dismissal or, where the dismissal is a disciplinary sanction, within 30 days of the decision being communicated (art. 268 of the Romanian Labour Code), at the tribunal for the employee's home, residence or workplace, with no court fee (art. 270). It asks for the decision to be annulled, for compensation and, if chosen, for reinstatement; the employer bears the burden of proof.

Made for use in Romania
Last updated October 27, 2026

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2 pages

Published byDocMuse

When to use this document

Your employer in Romania has fired you and you think the dismissal was unfair.
The dismissal decision gives no real reason or your employer skipped the steps it had to follow.
You were let go for alleged misconduct without being heard first.
You want to take the dismissal to court and ask for your job or your lost wages back.

What you fill in

The details the document asks for.

Tribunal for the employee's home, residence or workplace (e.g. Tribunalul Cluj)
Employee
Employee's CNP (personal numeric code)
Employee's address
Phone
Email
Employer
Employer's registered address
Employer's CUI (tax identification code)
Decision number
Date of the decision
Date the dismissal decision was communicated to you
Date of hiring
Position
Reinstatement in the job
Grounds
Evidence
Witnesses (names and phone numbers)
Attachments
City
Date

Common questions

How long does an employee in Romania have to challenge a dismissal?: 45 calendar days from learning of the dismissal (art. 268 (1) (a) of the Labour Code, as amended by Law no. 269/2021). If the employer dismissed you as a disciplinary sanction, the decision is challenged within 30 calendar days of its communication (art. 252 (5) and art. 268 (1) (b)). A challenge filed late is dismissed as out of time, so do not wait for the last day.
Where is a dismissal challenge filed in Romania, and what does it cost?: At the tribunal for the area of your home, residence or workplace (art. 269 of the Labour Code, as worded by Emergency Ordinance no. 42/2023): at its registry, by post with proof of receipt, or by e-mail. The challenge is exempt from court fees (art. 270), and an employee may file and argue it in person. Attach a copy of the decision and one copy each for the court and for the employer.
What can a Romanian employee obtain if the tribunal annuls the dismissal?: The tribunal annuls the decision and orders the employer to pay compensation equal to the indexed, increased and updated wages and the other rights you would have had; at your request, it restores the parties to their former position, that is, reinstates you (art. 80 of the Labour Code). The employer must prove its case (art. 272). The tribunal's judgment can be appealed within 10 days of being communicated (art. 271 (2¹)).

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