Observations relating to compensations in the case of admission to the complaint against of the dismissal decision

Author:Monica Gheorghe
Position:Faculty of Law, ?Lucian Blaga' University of Sibiu, Romania, monica.gheorghe@ulbsibiu.ro.
Pages:97-103
SUMMARY

The study aims to analyze a consequence of the annulment of the dismissal decision by the court, for reasons of lackluster or unlawfulness. According to art. 80 of the Labor Code, in the event of the finding of illegality and/or inadequacy of the dismissal decision, the court orders the cancellation of the unilateral act of dismissal. An effect of the annulment of the dismissal decision is the... (see full summary)

 
FREE EXCERPT
Observations relating to compensations in the case of admission
to the complaint against of the dismissal decision
Associate professor Monica GHEORGHE1
Abstract
The study aims to ana lyze a consequence of the annulment of the dismissal decision
by the court, for reasons of la ckluster or unla wfulness. According to art. 80 of the Labor
Code, in the event of the finding of illegality and/or ina dequacy of the dismissal decision, the
court ord ers the cancellation of the unilater al act of dismissal. An effect of the annulment of
the dismissal decision is the employer's obligation - in all cases - to compensate the employee
equal to the indexed, increa sed and updated sa laries and the other rights that the employee
would have been entitled to if he ha d not been dismissed. In rela tion to the impera tive
wording of the legal text, atypical assumptions are considered in which the awar d of damages
should be nua nced in relation to the factual situation tha t led to the termination of
employment r elations. There are a lso issues related to the content of the claims and their
amount.
Keywords: employee, employer, dismissal, compensation.
JEL Classification: K31
1. Introductory considerations
Art. 80 of the Labor Code provides: "(1) If the dismissal was carried out in
a non-traditional or unlawful manner, the court shall order its annulment and shall
oblige the employer to pay equal compensation with the indexed, increased and
updated salaries and with the other rights that the employee would have received. (2)
At the request of the employee, the court that ordered the dismissal of the dismissal
shall restore the parties to the situation prior to the issuance of the act of dismissal.
(3) If the employee does not request reinstatement in the situation prior to the issue
of the dismissal act, the individual labor contract shall cease to have effect on the
date of the final and irrevocable stay of the judgment".
If, after notification of the dismissal decision, a lack of mandatory condition
for the validity of the decision is found, the parties may find that the decision is null
and void and may determine the effects of the decision by agreement. On the
contrary, if the parties do not reach an agreement and the former employee considers
that the dismissal decision was issued in a non-motivational manner, or was not
motivated or the reasons invoked are not real or illegal, the legal rules on the
dismissal procedure, the form or the content of the decision, it may lodge an appeal
against the decision, bringing the matter before the competent court. According to
1 Monica Gheorghe Faculty of Law, „Lucian Blaga” University of Sibiu, Romania,
monica.gheorghe@ulbsibiu.ro.

To continue reading

REQUEST YOUR TRIAL