Efectele juridice a două decizii ale Curții Constituționale asupra cazului de suspendare a contractului individual de muncă reglementat de art. 52 alin. (1) lit. b) din Codul muncii
Juridical effects of two decisions of the Constitutional Court on the case of suspension of the individual employment contract regulated by Article 52 (1) b) of the Labour Code

Summary/Abstract: The paper puts forward an analysis of the effects triggered by two decisions rendered by the Constitutional Court, namely the Decision No 279/2015 and the Decision No 405/2016, in relation to one of the suspension of employment cases regulated under Article 52 (1) b) under the Labour Code, which, originally, allowed for the employer to suspend the employment agreement in the event where the latter filed a criminal complaint against the employee for acts incompatible with their position. The conclusion of this analysis is that upon entry into force of the Decision No 279/2015 of the Constitutional Court, which ascertained the unconstitutionality of the provision allowing for the suspension of the employment agreement by the employer in the event where the latter filed a criminal complaint against the employee for acts incompatible with their position, it became mandatory to terminate the effects of the suspension decision, because the legal basis for applying such measure disappeared. Therefore, any ulterior decisions rendered by the Constitutional Court, which decriminalize (in full or partially) a crime for which a criminal complaint was filed against the employee lacks relevance, as Decision No 279/2015 applies with priority.

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