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

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.