REFUZUL ANGAJATORULUI DE A REINTEGRA SALARIATUL DUPĂ ANULAREA DECIZIEI DE CONCEDIERE. EXECUTAREA SILITĂ ÎN NATURĂ A OBLIGAŢIEI DE A FACE ÎN MATERIA RAPORTURILOR DE MUNCĂ. PENALITĂŢI DE ÎNTÂRZIERE
THE EMPLOYER'S REFUSAL TO REINSTATE THE EMPLOYEE AFTER THE ANNULMENT OF THE DISMISSAL DECISION. ENFORCEMENT IN KIND OF THE OBLIGATION TO DO IN MATTERS OF LABOR RELATIONS. DELAY PENALTIES

Summary/Abstract: employment of the contractual liability of the employer in case of abusive dismissal of the employee, after the annulment of the decision by final court decision, brings into question the measure of his reinstatement in the position and in the position held at the time of his dismissal. This obligation belongs exclusively to the employer, being an obligation to "do" qualified as an obligation intuitu personae. To the extent that the employer refuses to comply with the provisions of the final judgment ordering the reinstatement of the employee, enforcement in kind of this obligation is not possible, but there is an indirect means against the debtor, the imposition of penalties for delay, with through a special procedure. Unlike the civil fine provided in art. 580 index 3 of the old Code of Civil Procedure, due by the debtor to the state, in the sense that they belong to the creditor, the one whose right has not been realized. The article analyzes the arguments of a court decision by which the request for establishing penalties against the employer guilty of refusing to reinstate the employee was admitted, under the conditions of art. 906 C.pr.civ. Through the arguments of substantial law and procedural law, we want to signal this pronounced solution in the matter of conflicts of rights as an efficient one, such as to force the debtor employer to fulfill the obligation to reinstate the employee.

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