Action having as object to restore the parties to their positon prior to the issue of the dismissal document, filed subsequently to the final settlement of the challenge against the decision of dismissal for disciplinary reasons

DREPTUL MUNCII ȘI DREPTUL SECURITĂȚII SOCIALE

Abstract

The decision of dismissal for disciplinary reasons produces the effect of termination of the individual employment agreement in virtue of the law from the date of its communication. Actually, three assumptions may be distinguished starting from this moment, respectively the assumption in which the employee does not exercise the appeal of the challenge governed by art. 252 para. (5) of the Labour Code, and the termination of the individual employment agreement shall be completed upon expiry of the deadline for filing the challenge, a second assumption in which the employee challenges the decision and requests its reintegration, in which case, by granting the action, the court shall render again applicable the individual employment agreement and the third assumption, applicable in this case, in which the decision of dismissal is challenged without concurrently requesting its reintegration, in which case, despite the annulment of the employer’s decision, the legislator shall establish a specific case of rightful termination of the individual employment agreement, at the date on which the court order remains final, according to art. 80 para. (3) of the Labour Code. Therefore, it follows that the effect of termination of the individual employment agreement shall be invariably and automatically produced, in virtue of the law, if at the same time as challenging the decision of dismissal for disciplinary reasons or within the limit of the moment when the court order under which this challenge is settled, remains final, restoring to the pre-contractual position shall not be requested.