The Pandemic Dismissal Ban Returns as a Constitutional Issue

CONSTITUTIONAL COURT DECISION | Judgment no. 141/2025

Judgment no. 141/2025, deposited on 31 July, considered questions arising from the temporary prohibition on certain dismissals introduced during the Covid-19 emergency.

Emergency legislation changed repeatedly across 2020 and 2021, with exceptions and sectoral extensions. The legal validity of a termination therefore depended heavily on timing, employer characteristics and the specific reason relied upon.

Foreign groups conducting historic due diligence or defending legacy claims should not apply today’s ordinary dismissal framework retrospectively. Transaction files may also need to capture contingent liabilities arising from measures that are no longer in force.

For any historic employment issue, counsel should reconstruct the applicable rule on the exact event date and retain the government measures and payroll support documents then in force. A present-day summary is not a substitute for the original legal timeline.

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