Employment Flash News No. 9/2016

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CASE-LAW

News on disciplinary proceedings 

Decision no. 261 dated May 5, 2016, whereby the Romanian Constitutional Court ruled that the provisions of art. 52 par. (1) letter a) of the Labor Code setting forth that the individual employment agreement may be suspended during the preliminary disciplinary investigation are unconstitutional, was published within the Official Gazette no. 511, dated July 7, 2016.

According to the legal provisions, starting with publication date of the Constitutional Court decision, the unconstitutional provisions are rightfully suspended for 45 days and will cease to produce legal effects after this period of time will elapse, if during such period, the Romanian Parliament or the Romanian Government, as the case may be, will not amend such provisions, in order to comply with the Romanian Constitution.

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