ISSUES REGARDING THE UNCONSTITUTIONALITY OF THE PROVISIONS OF ART. 52 PARAGRAPH (1) SUBPARAGRAPH B) OF THE LABOUR CODE
ISSUES REGARDING THE UNCONSTITUTIONALITY OF THE PROVISIONS OF ART. 52 PARAGRAPH (1) SUBPARAGRAPH B) OF THE LABOUR CODE

Summary/Abstract: The suspension of the individual employment contract, as the cause of temporary cessation of the employee's activity has an important impact on the employee in terms of remuneration and the other rights deriving from the employment contract. This fact draws even more attention to the legal provisions in the field, aiming, at legislative level, to obtain some special legal provisions compatible with the regulatory documents of a superior force in relation to them, and at practical level, to avoid committing abuses by the employers and to secure the employees' rights. Within this article, we presented the evolution of the compatibility of the provisions of the Labour Code with the provisions of the Constitution in terms of the suspension of the individual employment contract by the employer in case of a criminal complaint for committing by the employee of a criminal offence incompatible with his function, the way in which the law courts apply these decisions in judicial practice and the consequences produced by the decisions of the guarantor of compliance with fundamental law.

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