Employment contract. Reclaim on the dismissal decision. Lack of serious cause for dismissal that does not belong to the employee

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

The legality of the dismissal measure is not given only by the affirmation of the organizational prerogative of the employer, being necessary to prove the existence of an objective character of the entire reorganization process and, implicitly, of abolishing of the job position, which excludes the subjectivism of the unit management and the targeting of the affected person. There is no serious cause for abolishing the job position if the objective was to remove the employee from the unit, reorganizing the activity in a new department being only a pretext.