Illegal Termination of the Individual Employment Contract - Appli- cation of the Provisions Regarding Illegal Dismissal or Not?
Illegal Termination of the Individual Employment Contract - Appli- cation of the Provisions Regarding Illegal Dismissal or Not?

Author(s): Sandra Grădinaru
Subject(s): Law on Economics
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: labor law; illegal termination; labor contract; employer`s obligation;
Summary/Abstract: The legal termination of the individual employment contract represents the termination of the individual employment contract for reasons not related to the will of the employer or the employee. In the judicial practice, as well as in the specialized literature, it was appreciated that a distinction must be made between dismissal and the reasons for the legal termination of the individual employment contract. At the same time, it was appreciated in the specialized doctrine the fact that in case of legal termination of the employment contract, the employer would not have to comply with additional obligations than the issuance of a notification to the employee to inform him that his legal relationship has ceased for work. The Romanian legislator provided for the need to go through a preliminary procedure in case of legal termination of the individual employment contract as a result of admitting the request for reinstatement in the position held by the employee of a person fired illegally or for unfounded reasons. The preliminary procedure presupposes that prior to the notification of the employee regarding the legal termination of the individual employment contract, he proposes to the employee other vacancies in the unit, compatible with the professional training or, as the case may be, with the work capacity established by the occupational doctor. Romanian legislation on labor law is regulated in the sense of preventing and sanctioning any violation of the employer's legal obligations. Thus, in the situation of illegal dismissals, the sanction provided by the legislator is the absolute nullity with the possibility of reinstating in the situation prior to the issuance of the dismissal decision. During this work we intend to analyze whether the legal provisions on sanctioning illegal dismissals can be applied by analogy and in case of non-compliance with the employer's obligation to complete the prior procedure in case of termination provided by Article 56 paragraph 1 letter e) of the Labor Code. The present paper has a theoretical and practical importance because the specialized doctrine has not analyzed this hypothesis, and at the level of the courts a unanimous judicial practice has not been established.

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