DISMISSAL - TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT
DISMISSAL - TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT

Summary/Abstract: The termination of the individual labor contract is a legal institution that has undergone a continuous legislative evolution, depending on the legislator's view of the legal nature of this type of contract. The termination of the individual labor contract is the abolition, for the future, of the legal relations established between the employer and the employee, in the cases and conditions expressly provided by the law. The legal institution relative to the termination of the individual labor contract is regulated in connection with the fundamental principle of freedom of labor. The Labor Code provides expressly and restrictively for situations in which the employer can take the dismissal of employees and has instituted strict procedures for this purpose in order to avoid potential abuses against employees and to ensure their stability in the workplace. There is a major difference between the individual employment contract and other types of contracts as regards the modalities of termination which are expressly governed by law in respect of the employment contract. I state this because, in the situation of the individual labor contract, the cases of termination are strictly determined by the law, and they can intervene with the observance of a rigorous procedure, subject to judicial control. The Labor Code provides for the concept of "dismissal" as a way of terminating the individual labor contract at the initiative of the employer. The dismissal may be ordered for reasons related to the employee or for reasons beyond his control (Article 58 paragraph 2). The principles underlying the regulation of the institution of termination of the individual labor contract are: freedom of labor, good faith, stability at work and the imperative nature of the legal provisions governing the termination of the individual labor contract. Labor freedom is a principle that governs both the birth of legal relationships and their extinction. The right to work is guaranteed, according to art. 3 par. (1) of the Labor Code, by the Constitution. This right can not be restricted.1 Everyone has the right and the right to choose their profession and workplace according to their skills and professional training, but at the same time has the right to decide to terminate the respective legal relation of work. The individual is free to decide whether or not to exercise the right to work. Freedom of labor implies the right of the individual to decide whether or not to work, where, for whom and under what conditions, the right to choose his own profession, the right to conclude an individual employment contract or not, the right to terminate, through his resignation, his employment contract, the right to participate in the establishment of working and pay conditions in collective and individual negotiations.

• Details
• Contents