For the purpose of the practical verification, in the workplace, of the employee’s skills, the parties may establish in their contract a trial period of no more than 90 days for operational positions and a maximum of 120 days for management positions. It follows that the trial period is not mandatory (except for disabled persons, which in this case is the only form of verification of professional skills), it is optional, at the discret...

This article is generated by a case decided by the courts specialized in settling employment disputes in Bucharest and by the comments on this topic published in the journal Dreptul no. 10/2020. It is noted, which is an error, that the courts confused dismissal with the termination of the individual employment contract during the trial period. On the contrary, these are two distinct ways of permanently terminating...