Employment Flash News No. 11/2016
CASE-LAW
News regarding the communication of the dismissal decision
On October 24th, 2016, the Supreme Court of Cassation and Justice – Panel for interpretation of various legal issues regarding private law has pronounced the following decision in order to clarify an employment legal aspect:
- “When interpreting and applying art. 77 with reference to art. 278 para. (1) of Law no. 53/2003 – the Labor Code, as republished and subsequently amended and supplemented and the provisions of art. 1326 from the Civil Code, republished, the individual dismissal decision issued in accordance with art. 76 of the Labour Code may be communicated by e-mail, this representing a communication manner legally able to trigger the running of the deadline to challenge the decision in court, as per art. 211 para. (1) letter a of Law no. 62/2011 related to the provisions of art. 216 from the same law, with reference to art. 184 para. (1) from the Civil Procedure Code, if the employee has provided the employer with such contact data and if a practice of this form of communication exists between the parties.
The decision communicated by e-mail, in PDF format that can be electronically accessed, has to meet only the formal requirements of art. 76 from the Labour Code, not those required by Law no. 455/2011, regarding the electronic document”.
The decision of the Supreme Court shall be published within the Official Gazette and shall be mandatory as of that moment.
