PROBLEMATICA PUNERII ÎN EXECUTARE A HOTĂRÂRILOR
JUDECĂTOREŞTI ÎN LITIGIILE DE MUNCĂ
“ISSUE OF ENFORCEMENT OF COURT ORDERS IN THE LABOUR DISPUTES”
Author(s): Popescu Radu RăzvanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: court order; labour disputes; decision enforceable by operation of law; employee; restore to the pre-contractual position; individual employment agreement; absolute nullity; appeal;
Summary/Abstract: In this article, the author deals with the issue of enforcement of court orders in the labour disputes, from the perspective of the time when a judgment may be enforced/becomes enforceable de jure, as well as from the perspective of the understanding the practical concept of restoring the illegally dismissed employee or in an unfounded manner “to his/her pre-contractual position”. The structure and the content of the study reveal the comments upon the sense of urgency in which the labour disputes should be settled, upon drafting the operative part of the judgment, upon the type of the judgments ruled by the court of first instance, upon the decision finding the absolute nullity of the individual employment agreement, upon decisions enforceable by operation of law, upon appeal, upon reinstate the illegally dismissed employee or in an unfounded manner in his/her position. Finally, the author formulates brief considerations regarding the restoring to the pre-contractual position in this matter.
Journal: Universul Juridic
- Issue Year: 2015
- Issue No: 11
- Page Range: 15-20
- Page Count: 6
- Language: Romanian