Discussions on the deadline and the competent court
to which the employer's unilateral act may be challenged
on the dismissal of the employee,
under art. 61 lit. a) of the Labor Code Cover Image

Discuţii privind termenul şi instanţa competentă la care poate fi contestat actul unilateral al angajatorului privind concedierea salariatului, în temeiul art. 61 lit. a) din Codul muncii
Discussions on the deadline and the competent court to which the employer's unilateral act may be challenged on the dismissal of the employee, under art. 61 lit. a) of the Labor Code

Author(s): Daniela Moţiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: disciplinary prerogative employer; dismissal decision; making, communication; contestation; the competent court

Summary/Abstract: Disciplinary prerogatives that are vested employer, by law, allow it to proceed to dismiss employees should they commit a disciplinary offense. Finding time of the misbehavior by the employer is the time at which the prescription begins to run for 30 days in view of dismissal decision making. Limitation period of 30 days should be within the period of 6 months from the date the disciplinary offense took place. Dismissal decision shall take effect upon communication by the employee, who, in the situation is dissatisfied, may appeal judicial contest, when unilateral measure ordered.

  • Issue Year: 2012
  • Issue No: 2
  • Page Range: 97-108
  • Page Count: 11
  • Language: Romanian
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