On June 1, 2014 will enter into force the sixth amendment to the Labour Code approved by Law 27/2014, of 8 May.

The amendments affect the criteria to be observed by the employer in the event of a suppression of the work post or dismissal by inadaptability. The amendments are the result of the declaration of unconstitutionality of the Constitutional Court issued on September 2013 (see AMM Legal Update).

We recall that the Constitutional Court declared unconstitutional the amendments to the Labour Code approved in 2012 that made the suppression of the work post and the dismissal by inadaptability less demanding.

The power of the employer to decide the suppression of the work post based on relevant and non-discriminatory criteria is now replaced for the fowling requirements that should be observed in the following order:

• a) Worst performance evaluation, according to parameters known in advance by the employee;
• b) Lower academic and professional qualifications.