European Union rules in the matter of dismissal of employees

• Author: Olimpia Monica Matias
• Position: Judge at Timis County Court, Romania
• Pages: 146-156

European Union rules in the matter of dismissal of employees

Ph.D. Olimpia-Monica MATIAȘ1

Most sacred of all courts is the

"tribunal which the litigants appoint

in common for themselves, choosing

certain persons by agreement."2

Abstract

So far, the European Union adopted a Directive on firing any individual content to

regulate only matters of collective redundancies due to the social implications that occur

usually in case of collective dismissals and, simultaneously, their potential conflicts.

Directive no. 98/95/EC of 20 July 1998 on the approximation of the laws of Member

States relating to collective redundancies was adopted by the Council of the European

Union since it was necessary to grant greater protection to workers in the event of

collective redundancies.

The provisions of Directive no. 98/59/EC of 20 July 1998 on the approximation of

the laws of Member States relating to collective redundancies have been transposed into

national law by the Romanian Government Emergency Ordinance no. 55/2006 amending

and supplementing the Labour Code so that in this case no question of direct application of

Community rules, but can not disregard its interpretation by the European Court of Justice.

Keywords: worker, contract, collective redundancy, Community law

JEL Classification: K31, K33

1. Introduction highlights

Regarding the content of EU rules in the dismissal of employees, it must be

stressed is this: although the general power to regulate in this area, so far, the

European Union adopted a directive on dismissing any individual content to

regulate just a matter of collective redundancies. So we think that, given the social

implications that occur usually in case of collective dismissals and, simultaneously,

their potential conflicts, the European Union has regulated collective redundancies

so far only, not on the individual.

The preamble of the Directive no. 98/95/EC of 20 July 1998 on the

approximation of the laws of Member States relating to collective redundancies

details the objectives of the European Union in matters of collective dismissal.

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1 Olimpia-Monica Matiaș - Judge at Timiș County Court, Romania, olimpia.matias@yahoo.com.

2 Plato, Legile, Publisher IRI, Bucharest, 1995, p. 181.