DISCRIMINATION IN THE WORKPLACE - AN ANALYSIS OF THE CASE LAW OF THE ROMANIAN NATIONAL COUNCIL FOR COMBATING DISCRIMINATION ON WRONGFUL TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT
DISCRIMINATION IN THE WORKPLACE - AN ANALYSIS OF THE CASE LAW OF THE ROMANIAN NATIONAL COUNCIL FOR COMBATING DISCRIMINATION ON WRONGFUL TERMINATION OF THE INDIVIDUAL EMPLOYMENT CONTRACT

Summary/Abstract: Discrimination in the workplace takes the form of a variety of behaviours, which could come from colleagues, subordinates and superiors. The acts are all the more serious in cases where the employer, taking advantage of the inequality of the parties in the legal employment relationship, distorts the provisions of the Labour Code, using them to create a situation affecting the employee's rights or an intimidating, hostile, degrading or offensive environment, in order to force the employee to terminate the employment relationship. This article presents the case law of the Romanian National Council for Combating Discrimination in the field of access to employment and profession, presenting some relevant cases of discrimination perpetrated by abusive application of the legal provisions on dismissal for reasons unrelated to the person of the employee, disciplinary dismissal, reinstatement of the unlawfully dismissed employee and termination of the employment contract at the initiative of the employee.

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