Employment Flash News No. 8/2016

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CASE-LAW

News regarding the interpretation of various legal issues 

On June 13th, 2016, the Supreme Court of Cassation and Justice – Panel for interpretation of various legal issues regarding private law haspronounced the following decisions in order to clarify various employment legal aspects:

“When interpreting and applying art. 278 para. (1) (regarding the completion of Labour Code provisions) from Law no. 53/2003 – the Labour Code, as republished and subsequently amended and supplemented, the provisions of art. 1324, 1325 and 1326 (regarding the unilateral legal act) from the Civil Code, republished, can be applied in adjunction with the provisions of the Labour Code, being compatible with the specific of employment relationships.
When interpreting art. 55 letter c) (regarding the unilateral termination of employment) and art. 77 (regarding the effective date of dismissal decision) from the Labour Code, the dismissal decision can be revoked until the date of communication to the employee, the revoking document being subject to all communication requirements of the document which will be revoked (the dismissal decision)”.

“Following the decision no. 279 dated April 23rd, 2015 of Romanian Constitutional Court, the provisions of art. 52 para. (1) point b) first thesis of the Labour Code (regarding the suspension of the employment contract on the employer’s initiative when the employer has lodged a criminal complaint against the employee) are no longer effective and shall entitle the employees to receive a compensation equal to the remuneration owed during the suspension, in cases that were not permanently solved on the date the court decision was published within the Official Gazette, part I”.

“The phrase “without concluding an individual employment agreement”, provided by art. 260 para. (1) letter e) (regarding the administrative sanction for employing up to 5 individuals without concluding an employment contract) from the Labour Code, republished, shall include also the situation when the employment contract is suspended.”

The decisions of the Supreme Court shall be published within the Official Gazette and shall be mandatory as of that moment.

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