Action for a declaration that the employer's decision to take note of the employee's resignation is null and void. Inadmissibility. Partial invalidity as regards the legal basis indicated by the employer. Reconstructing the job description

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The plea of inadmissibility of an application cannot be based on a restrictive interpretation of a general legal provision which does not establish in terminis an exception to free access to justice. The failure to indicate expressly verbis that a particular act is subject to review by the courts cannot have the effect of exempting that act from review in the absence of a special, derogating rule to that effect.

The employer's acts of a purely declaratory nature are not beyond the control of the courts. As long as an interest can be justified, they can be subject to trial.

The partial invalidity of an employer's act found by the court must not have the effect of causing the employer to issue a new act taking into account what the court has already ruled.

If both copies of the job description are lost, it must be reconstructed immediately and faithfully, not adapted, improved or altered in any way. All these are possibilities subsequent to the faithful reconstitution, under the conditions of the signature of an additional act in accordance with the provisions of Articles 8 and 17 (5) of the Labour Code