Considerations regarding the rights of employees who were dismissed unlawfully

Author:Roxana Maria Roba
Position:Faculty of Economic, Legal and Administrative Sciences University of Targu Mures, Romania
Pages:155-162
Considerations regarding the rights of employees
who were dismissed unlawfully
Lecturer Roxana Maria ROBA
1
Abstract
The present study aims to analyze the consequences of the annulment of the
employee's dismissal decision. These concern the employer's obligation to reintegrate the
unlawfully dismissed employee and to provide compensation to him, which must include the
indexed, increased and refurbished wages and other entitlements to which the employee
would have benefited. In addition to these amounts , the employee is also entitled to claim
damages for the moral or material damage suffered as a result of the dismissal decision. The
content and the way of fulfilling the legal provisions that currently regu late the rights of the
unlawfully dismissed employee are of particular importance from the perspective of both the
employee and the employer. Thus, from the point of view of the employee, the lack of precisely
defined content of his rights can easily give rise to abuse by the employer. With regard to the
latter, failure to adequately fulfill its obligations may have drastic consequences, which may
also be of a criminal nature. The study uses the logical, historical and experimental method,
analyzes the legal provisions currently in force, as well as the point of view of the doctrine
and the solutions derived from the judicial practice. The conclusions are in the direction of
expressing concrete proposals to amend the current regulations.
Keywords: dismissal, reintegration, employee, compensation, rights, emp loyer.
JEL Classification: K31
1. Introductory considerations
Dismissal of the employee is the termination of the individual labor contract
at the initiative of the employer and may be ordered for reasons related to the person
of the employee or for reasons not related to the employee.
Regardless of the reasons for the dismissal, Art. 80, par. 1 of the Labor Code
provides that if the dismissal was done in a non-traditional or unlawful manner, the
court will order its annulment and will oblige the employer to pay equal
compensation with the indexed, increased and updated salaries and with the other
rights that would be benefited the employee.
The study aims to highlight the existing lacuna in the current legislation as
regards the rights to the unlawfully dismissed employee and which gave rise to
controversy in judicial practice. The topic is topical and important for both
employees and employers. Following the views expressed in jurisprudence and
doctrine, using the logical, historical and experimental method, the study proposes a
1
Roxana Maria Roba - Faculty of Economic, Legal and Administrative Sciences, „Petru Maior”
University of Targu Mures, Romania, office@avocatroxanaroba.ro .

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