ÎNCETAREA DE DREPT A CONTRACTULUI INDIVIDUAL DE MUNCĂ-INSTITUȚIE FUNDAMENTALĂ A DREPTULUI MUNCII
LEGAL TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT- FUNDAMENTAL INSTITUTION OF LABOR LAW

Summary/Abstract: Labor law, doctrine and jurisprudence use different terms to designate the ways in which the termination of a legal employment relationship takes place. Thus, the Romanian legislator, in Chapter V of the Labor Code, uses the notion of termination of the employment contract. On the one hand, the notion designates the legal end of the employment contract, regardless of the grounds and the ways in which the legal employment relationship is terminated, in a broad sense. extinguishing the legal employment relationship. Labor law refers to the phrase "termination of employment" which qualifies as a generic term for all situations that end a legal employment relationship. The Labor Code stipulates the modalities of termination of the individual employment contract. The termination of the individual employment contract may have the right, by agreement of the parties and as a result of the unilateral will of one of the parties. . two such ways of terminating legal employment are regulated. From the contents of the respective legal texts, it results that, in all these hypotheses, the termination of the employment contract is achieved by a legal act. This legal act can be, a unilateral manifestation of will, initiative of one of the parties (employee or employer), or through a bilateral manifestation of will, (as a result of the agreement of the parties). one of the parts of the legal employment relationship. The termination of the legal employment relationship requires the establishment of the reasons that lead to it, the knowledge of the cases and the ways to end this relationship and the fulfillment of certain conditions. In their absence, the termination of the employment contract will not take effect. There is only one exception, namely: when the legal employment relationship terminates by law, ie in circumstances that do not depend on the will of the parties. The hypotheses provided by the labor legislation, in which the termination of the employment contract may take place, in the ways and for the reasons established by law, form the cases of termination of the employment contract. However, in addition to the stability of the ways, the reasons and the cases of termination of the employment contract, the labor legislation provides certain conditions, both in substance and in form. These procedural conditions must to justify, to validate the termination of the employment contract, as a legal act.

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