The right to work is a fundamental right, guaranteed by the Romanian Constitution as well as by labor law and European regulations. This right cannot be arbitrarily restricted by the employer, and any measure that prevents the employee from exercising his or her duties may have serious legal consequences. However, in practice, there are situations where employers impose certain limitations on employees’ work, either intentionally or out of ignorance of the legal framework, leading to the risk of labor disputes and sanctions.
In this article, we explore what it means to prohibit the right to work, what legal limits are imposed on employers and what the implications are for employees and organizations. We also explore special situations, such as suspension of employment, disciplinary measures or common abuses encountered in practice.
Right to work and legal protection of the employee
Article 41 of the Romanian Constitution guarantees the right to work and prohibits its restriction. In the same sense, the Labor Code (Law no. 53/2003) stipulates that the employment relationship must be governed by the principle of freedom of work, and any limitation of this right must be clearly regulated by law.
In concrete terms, the employer has an obligation to provide the necessary conditions for the employee to be able to carry out his or her duties. Any act by which the employer prevents the employee’s access to the workplace, restricts the employee’s work without a legal basis or excludes the employee from the organization’s processes may be considered a serious violation of the employee’s rights.
Unjustified prohibition of work can take various forms:
– Refusal by the employer to allow the employee access to the workplace without clear legal grounds.
– Excluding the employee from current activities without a formal decision of suspension.
– Sending the employee on unpaid leave or reducing working hours without consent.
Such practices can be considered abusive and can lead to legal action by employees, attracting penalties for employers.
When can an employer legally limit the right to work?
There are, however, situations expressly provided for by law in which the employer may temporarily suspend the employee’s right to work without violating the law. These situations include:
Suspension of the individual employment contract – According to the Labor Code, the contract may be suspended in the following cases:
– Sick leave, maternity leave or parental leave.
– Leave without pay at the request of the employee.
– Temporary interruption of the employer’s activity (e.g. technical unemployment).
Administrative decisions related to safety at work – The employer may restrict the employee’s access to work in cases related to workplace safety (e.g. in case of accidents or technical inspections) or in cases of force majeure.
In all these situations, the employer is obliged to inform the employee in writing and issue clear decisions to avoid misinterpretation or abuse.
Legal consequences of abusive work restrictions
Any unreasonable restriction of the right to work may entail legal liability for the employer. According to the Labor Code, employees can challenge such decisions in court and claim:
– Reinstatement in cases of unlawful dismissal or abusive suspension.
– Payment of compensatory wages for the period during which the employee was prevented from working without justification.
– Non-material damages in cases where the employee can prove prejudice caused by the employer’s actions (e.g. damage to professional reputation).
Employers can also be sanctioned by the Territorial Labor Inspectorate (ITM) for violating employees’ rights. Fines can vary depending on the seriousness of the offense, and in some cases there may also be criminal consequences, especially if discrimination or harassment in the workplace is found.
Good practice to avoid conflict situations
To avoid legal risks and labor disputes, employers should adopt clear policies on how to handle situations where employees’ work needs to be restricted:
– Follow legal procedures when dealing with suspensions.
– Transparent communication with employees about decisions taken and the reasons for them.
– Proper documentation of all measures applied, in order to have a legal basis for possible litigation.
– Legal advice in complex cases to avoid decisions that could be interpreted as abusive.
Employees must also be properly informed about their rights and obligations, including legal procedures in the event of labor disputes.
Abusive suspension.
– Payment of compensatory wages for the period during which the employee was prevented from working without justification.
– Non-material damages in cases where the employee can prove prejudice caused by the employer’s actions (e.g. damage to professional reputation).
Conclusion
Prohibiting the right to work outside the legal framework is a serious breach of labor law and can have significant consequences for employers. Respecting employees’ rights and properly managing situations of suspension or restriction of work are essential for maintaining a healthy climate in the organization and avoiding legal risks.
In a dynamic and constantly changing business environment, employers need to be aware of the implications of decisions taken and seek legal advice when complex situations arise. This can avoid costly litigation and build a working environment based on mutual respect and legal compliance.