Application of the transitional rules of GEO 57/2019 in the case of reinstatement of the employee following the enforcement of a court decision annulling the disciplinary dismissal decision.

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

The provisions of Article 244 para. (4) of GEO no. 57/2019 regarding the fixed duration of the conclusion of the management contract regulates two sentences in this respect. Thus, from the content of the rule, it is clear that the duration of the management contract can have as its maximum threshold the term of office of the mayor, of the president of the county council, as the case may be, during which it was appointed, but it can also be concluded for shorter periods.

In the implementation of the provisions of Article 630 of GEO no. 57/2019, with regard to the management contract in the situation of public administrator, in order to establish a period shorter than the end of the term of office of the mayor, the president of the county council, as the case may be, during which he was appointed, according to the provisions of Article 41 of the Labour Code, the agreement of the parties is absolutely necessary. The choice of duration, by reference to the budgeting of the position for 2020, unilaterally by the respondent, in the absence of legal support, in order to take effect, must necessarily be accepted by the person concerned by the contract, and in the absence of this agreement, the second sentence of the rule, which establishes, as a time limit, the end of the mayor's term of office during which the administrator was appointed, becomes applicable.