Remarks On The Professional Inadequacy In The Light Of Article 61 Letter D) Of Labor Code

The herein study aims to clarify some confusions, that appear during the application and interpretation of the Labor code’s provisions regarding the dismissal for being professionally unfit established by Article 61 letter d) of Labor Code. In the absence of an express definition of this notion in the Labor Code, the jurisprudence has shaped some landmarks regarding the professional inadequacy. In order to enclose this concept it is necessary to draw up an analysis of the norms regarding the conclusion of the individual employment contract by verifying the employee's personal and professional skills as well as those regarding the dismissal for being professionally unfit. In order to establish the professional inadequacy, obviously, one must also bear in mind the employee’s job description, which is necessary to be related with the employee’s individual professional performance objectives, as they are unilaterally determined by the employer. The second goal of this research concerns the procedure of professional assessment of the employee, the analysis having as objectives the ascertainment of the legal document that must embody this procedure, the way to conduct the procedure and the consequences brought by this professional assessment.