A short written notice can end an employment contract during or at the end of probation without notice or a stated reason. That procedural simplicity does not remove every legal risk.
What does the rule allow?
Article 31(3) of the Romanian Labour Code allows either party to end the employment contract by written notification during or at the end of the probationary period, without notice and without giving reasons. It is a distinct route from an ordinary dismissal procedure.
Where can a dispute arise?
The research underlying this article examines whether a formally valid notice may still be challenged when the right is used for a purpose unrelated to testing suitability for the role or in breach of good faith. The answer depends on the facts and evidence; the absence of a duty to state reasons in the notice is not a guarantee against judicial scrutiny.
What should a business do?
Define the role and assessment criteria at the outset. Keep contemporaneous, proportionate records of performance and feedback. Check the timing, the written form and the circumstances surrounding the decision before sending the notice. Avoid using probation as a shortcut for an unrelated employment problem.
Based on Floriana Tudor, Abuse of right and termination during probation, 2024, and the doctoral research on withdrawal rights and probation.