Dismissal Due to Physical And / Or Mental Inability


The Supreme Court ruled on April 4th 2016 in a case brought by the Court of Appeal Craiova that the competent body of medical expertise to determine the physical and / or mental inability of employees - under Art. 61 Section c) Labour Code - is the occupational physician. Thus, the employer may dismiss the employee based on the occupational physician's evaluation, unless such evaluation is challenged by the concerned employee and overruled by the Territorial Department of Public Health.

Hence the Supreme Court puts an end to the long-term debate of the courts on whether the employees may be dismissed based on the evaluation of the occupational physician alone or on the additional expertise of the Territorial Department of Public Health.

The Decision of the Supreme court becomes effective towards all courts of law as of its publication in the Official Gazette.