Garanții juridice ale dreptului la muncă. Din jurisprudența Secției de litigii de muncă a Curții de Apel Iași
Juridical guarantees of the right to work. Compilation for the jurisprudence of the Work Litigations Section of the Court of Appeal of Iași

Summary/Abstract: Guaranteeing the right to work presumes the provisions of certain forms of juridical guarantees, that is: the implementation of professional training policies adapted to the requirements of the labour market; the development of an efficient and equitable legal framework capable to provide social protection to the employees who lose their jobs; equal opportunities on the labour market for all citizens able to work; financial support for those temporarily lacking professional incomes. As a result, the legal provisions, stability or the juridical labour relationships, defend both the legitimate interests of the employees, and those of the employers. The cases under discussion, selected from the jurisprudence of the Court of Appeal of Iași – Work Litigations Section, illustrate the juridical guarantees protecting the right to work. The author refers to the limitative stability of the situations when the employer may decide cessation of the labour relationship on his own unilateral initiative, that is, the form and content requirements of the document by which the employer decides cessation of the individual labour contract. These prerequisites are imposed under the law to prevent possible abuses and to institute enough elements for checking the legal and justified nature of such a measure. On the other hand, the examples given in the present study point out the very important role played by the courts of law for the protection and the effective exercise of the right to work and the elimination of the employer’s possible abuses, so that any limitations of the right to work and of the freedom of working should be prevented.

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