Disciplinary investigation in Romania

Under the Romanian Labour Code, a prior disciplinary investigation is mandatory before any disciplinary sanction except a written warning. Article 251 makes any other sanction applied without it absolutely null. An incomplete summons, a missed deadline or a decision lacking the mandatory elements are common reasons why Romanian courts annul sanctions. Bismutika HR helps you run the procedure correctly, from the initial report to the communication of the sanction decision.

Disciplinary investigation by an external consultant

Since 2020 (Law no. 213/2020), the Romanian Labour Code allows the employer to appoint a person, set up a committee or use an external consultant specialised in labour law, authorised to carry out the disciplinary investigation (art. 251 para. (1¹)). You can therefore outsource the whole procedure: we prepare the documents, summon the employee, conduct the hearing and draft the report, and you decide on the sanction based on a complete file.

Outsourcing is especially useful when:

• no one in your company has experience with the disciplinary procedure;
• the misconduct involves a manager or someone close to the people who would sit on the committee;
• the proposed sanction is disciplinary dismissal and the risk of litigation is high;
• the 30-day deadline for issuing the decision is already running.

When a prior disciplinary investigation is required

Disciplinary misconduct is a work-related act committed with fault by an employee, breaching legal rules, the internal regulations, the individual or collective employment contract, or lawful orders of superiors (art. 247). The prior investigation is mandatory before any of the following sanctions (art. 248):

• demotion, with the salary of the new position, for no more than 60 days;
• a 5–10% reduction of the base salary for 1–3 months;
• a 5–10% reduction of the base salary and/or management allowance for 1–3 months;
• disciplinary termination of the individual employment contract.

The written warning is the only sanction that can be applied without a prior investigation.

What our disciplinary investigation service includes

• Review of the complaint and documents – we establish the facts, the provisions breached and the evidence needed.
• Check of the internal regulations – misconduct, sanctions and the disciplinary procedure must be set out in the internal regulations.
• Authorisation – we draft the decision appointing the person, the committee or the external consultant.
• Written summons – stating the subject, date, time and place of the hearing, as required by art. 251.
• Hearing and record of the employee’s defence – the employee may present their defence and, on request, be assisted by an external consultant specialised in labour law or by a representative of the trade union they belong to.
• Investigation report and proposed sanction – proportionate to the seriousness of the act, under the criteria of art. 250.
• Sanction decision – with all the mandatory elements of art. 252.
• Communication and filing – on time and with proof of delivery.

Deadlines that determine whether the sanction is valid

• 30 calendar days from the date the employer learned of the misconduct – deadline for issuing the sanction decision, but no later than 6 months from the date of the act (art. 252 para. (1)).
• 5 calendar days from issue – maximum deadline for communicating the decision to the employee; the decision takes effect on the date of communication.
• 30 calendar days from communication – deadline for the employee to challenge the decision in court.

What the sanction decision must contain

On pain of absolute nullity, the decision must include (art. 252 para. (2)):

1. a description of the act constituting disciplinary misconduct;
2. the provisions of the staff regulations, internal regulations, individual or collective employment contract that were breached;
3. the reasons for rejecting the employee’s defence, or the reasons why the investigation was not carried out;
4. the legal basis for the sanction;
5. the deadline for challenging the sanction;
6. the competent court.

How we work

1. Initial discussion – you tell us what happened and when you found out; we check the deadlines from the start.
2. Investigation file – we prepare the authorisation, the summons, the hearing minutes and the report.
3. Hearing with the employee – we conduct it as an authorised external consultant or prepare it together with the person you appoint.
4. Decision – we draft the sanction decision and guide you through its communication.

Frequently asked questions about disciplinary investigations

Is a disciplinary investigation required for a written warning?

No. The written warning is the only sanction that can be applied without a prior disciplinary investigation. For all other sanctions, the lack of an investigation makes the sanction absolutely null.

What happens if the employee does not attend the hearing?

If the employee fails to attend without an objective reason, the employer may apply the sanction without carrying out the investigation. This is why the summons must be correct and delivered with proof of receipt.

Who can carry out the disciplinary investigation?

A person appointed by the employer, a committee set up for this purpose, or an external consultant specialised in labour law, authorised by the employer.

What if the 30-day deadline is missed?

A decision issued after the deadline can be annulled by the court if the employee challenges it. That is why the procedure should start as soon as you learn of the misconduct.

See also: HR consulting for companies

Need a disciplinary investigation? Call +40 731 389 641, email office@solutiiresurseumane.ro or request a quote.