European Union rules in the matter of dismissal of employees

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

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 ... (see full summary)

 
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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.

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