(1) Suspension of the individual employment contract may occur in circumstances beyond the control of the parties, by agreement of the parties or at the initiative of one of the parties.

(2) Suspension of the individual employment contract means suspension of the employee's work and of the payment of wages (salary, bonuses, other payments) by the employer.

(3) Throughout the period of suspension of the individual employment contract, the rights and obligations of the parties, other than those provided for in paragraph (2), shall continue to exist unless otherwise provided by the regulations in force, collective agreements, collective contract and individual employment contract.

(4) The suspension of the individual employment contract and the resumption of the employment activity, except for the cases provided in art. 76 lit. a), b) and c) and art. 78 para. (1) lit. d.1) and e), is made by order (disposition, decision, resolution) of the employer, which is brought to the employee's notice, under signature or in another way that allows confirmation of receipt / notification, at the latest on the date of suspension of the individual employment contract or resumption of work.

The individual employment contract is suspended in circumstances that do not depend on the will of the parties in case of:

a) maternity leave;

b) illness or trauma;

c) (Excluded)

d) establishment of quarantine, based on the sick leave certificate issued to the employee in accordance with the legislation;

e) incorporation into the military service in term, in the military service with reduced term or in the civil service;

f) force majeure, confirmed in the established manner, which does not require the termination of employment;

g) sending to the court the criminal file regarding the commission by the employee of a crime incompatible with the work performed, until the finality of the court decision;

h) omission, due to the employee's fault, of the term for passing the medical control;

i) detection, according to the medical document (certificate/document/act, etc.) issued by the competent medical authority (institution), of contraindications which do not allow the performance of the work specified in the individual employment contract;

j) request of the control or law enforcement bodies, according to the legislation in force;

k) presentation at work in a state of alcohol intoxication, in a state caused by narcotic or toxic substances, ascertained by the certificate issued by the competent medical institution or by the act of the commission composed of an equal number of representatives of the employer and employees;

l) on strike, declared according to this code;

m) establishing for a determined term the degree of disability as a result of a work accident or an occupational disease; as well as

n) in other cases provided by the legislation in force.

The individual employment contract is suspended by agreement of the parties, expressed in writing, in case of:

a) granting unpaid leave for a period longer than one month;

b) following a professional training or internship course with decommissioning for a period longer than 60 calendar days;

c) technical unemployment;

d) care of the sick child up to 10 years old;

e) (repealed)

e.1) detachment;

f) in other cases provided by the legislation in force.

(1) The individual employment contract is suspended at the initiative of the employee in case of:

a) leave for the care of the child up to 4 years old;

b) leave for the care of a sick family member lasting up to two years, according to the medical certificate;

b.1) leave for the care of the child with disabilities lasting up to 2 years;

c) following a professional training course outside the unit, according to art. 214 paragraph (3);

d) holding an elective position in public authorities, trade union bodies or employers;

d.1) non-payment or partial payment, at least 2 consecutive months, of the salary or other obligatory payments;

e) unsatisfactory working conditions from the point of view of labor protection; as well as

f) for other reasons provided by law.

(2) The individual employment contract may be suspended at the initiative of the employer:

a) during the service investigation, carried out under the conditions of this code;

b) (excluded)

c) in other cases provided by law.

(3) In the cases provided in par. (l) lit. d1) and e), the employee is obliged to communicate in writing to the employer the date of suspension of the individual employment contract.

(4) The employer is not entitled to hire other employees to replace those whose individual employment contracts have been suspended on the grounds provided in par. (l) lit. d1) and e).

(5) In the cases of suspension of the individual employment contract on the grounds provided in par. (l) lit. d1) and e), the employee is obliged to resume his work activity within 3 working days from the moment:

a) removing the danger for life or health;

b) payment of the salary, other obligatory payments or information about the transfer of these payments on the bank card.

(1) In the event of the suspension, in exceptional circumstances, of the educational process with a physical presence in educational institutions, once the competent authorities have ordered special measures to ensure the safety, protection of life and health of the population, with the consent of the employer, days off are granted to one of the parents or the guardian for the supervision of the children throughout the suspension of the educational process in the regime of physical presence, with the payment of an indemnity equal to at least 50% of the basic salary of the employee.

(2) The provisions of par. (1) shall apply:

a) parents or guardians of children up to 12 years of age enrolled in an educational unit;

b) parents or guardians of children with disabilities enrolled in an educational unit.

(3) The days off are granted at the written request of one of the parents or the guardian, to which is attached a declaration on their own responsibility, signed by both parents, except for single-parent families, or by the guardian who will supervise the child during the mentioned period. . .

(4) In the case of families with more than one child, who meet the stability requirements in this Article, only one of the parents shall have days off.

(5) If, as a result of checks, it is found that both parents have been on leave at the same time, the subsequent leave of a higher allowance granted under this Article shall be revoked.

(6) The allowance provided for in this Article shall be paid by the employer. In some cases, the allowance can be paid in full or in part from the state budget, in the manner established by the Government.

Disputes related to the suspension of the individual employment contract are resolved in the manner established in art. 354-356.

(1) The technical unemployment represents the temporary impossibility of the continuation of the activity by the employer, unit or by an internal subdivision of it:

a) for objective economic reasons;

b) following the declaration of a state of emergency, siege and war;

c) as a result of the restrictions imposed in the state of emergency in public health.

(2) The duration of the technical unemployment instituted pursuant to par. (1) lit. a) may not exceed 4 months during a calendar year.

(3) During the technical unemployment, the employees will be at the disposal of the employer, who will always have the possibility to order the resumption of the activity.

(4) During the period of technical unemployment, the employees benefit monthly from an indemnity that cannot be less than 50 percent of their basic salary, except for the cases of suspension of the individual employment contract according to art. 77 letter c).

(4.1) In the case of the establishment of technical unemployment pursuant to par. (1) lit. b) and c), the allowance may be paid in full or in part from the state budget, in the manner established by the Government.

(4.2) If the technical unemployment benefit is paid from the state budget, the jobs occupied by the persons for whom these benefits have been paid may not be reduced for a period at least equal to the period of the technical unemployment for which they were paid. they paid these indemnities, except in cases of insolvency.

(5) The manner in which the employees will execute the obligation to be available to the employer, as well as the concrete amount of the indemnity that the employees benefit from during the technical unemployment, are established by the order (disposition, decision, decision) of the employer. labor and collective agreements.

1. Stationing means the temporary impossibility of the production activity being continued by the unit, by an internal subdivision (subdivisions) thereof, by an employee or a group of employees and may be caused by:

a) for reasons that do not depend on the employer or employee;

b) through the fault of the employer;

c) through the fault of the employee.

(2) The remuneration of the standing time produced by causes that do not depend on the employer or employee, except for the period of technical unemployment (art. 80), is made in the amount of at least 2/3 of the basic salary per unit of time established to the employee, but not less than the amount of a minimum wage per unit of time, established by the legislation in force, for each hour of parking.

(3) In case of parking caused by the employer's fault, except for the period of technical unemployment (art. 80), the employer is obliged to compensate the employee for the salary he did not receive.

(4) The employee due to the parking has not been remunerated for the parking hours.

(5) The manner of registration of parking and the concrete amount of remuneration shall be established, as the case may be, in the collective and / or individual employment contract or in the internal regulations of the unit.