Workplace Performance & Professional Fitness. Conceptual differences in employment law
Revista Română de Dreptul Muncii | 12 November 2026
PNSA Employment team attorneys Teodora Gîdoiu and Ioana Cazacu built on their practical experience in dealing with workplace performance issues and authored an article about Performance in the workplace and professional fitness. Conceptual differences in the employment law in the Romanian employment law magazine Revista Română de Dreptul Muncii - Issue 5/2026.
Teodora Gidoiu & loana Cazacu | Revista Română de Dreptul Muncii • Issue 5/2026
The article begins by examining the conceptual and legal distinctions between employee performance, professional inadequacy, and disciplinary misconduct. Building on the provisions of the Romanian Labour Code and relevant case law, it highlights the risks of classifying as professional inadequacy conduct that, in reality, involves culpable behaviour on the part of the employee and should be assessed through disciplinary proceedings.
The article continues with a legal assessment of the performance management tool commonly referred to as a Performance Improvement Plan (PIP), exploring the conditions under which it may be implemented, the legal consequences arising from its completion, and its relationship with dismissal on the grounds of professional inadequacy as well as with disciplinary liability procedures.
