16. Efectele unei hotărâri penale definitive prin intermediul căreia sunt desfiinţate actele care au stat la baza încheierii contractului individual de muncă
16. The effects of a final criminal judgment by which are annulled the acts that formed the basis for the conclusion of the individual employment contract

Summary/Abstract: In the context of the annulment of the acts that generated the establishment of the employment relationship between the parties, the respondent employer should only have ascertained the occurrence of the event preventing the continuation of the employment relationship, regardless of the parties’ will and of any further steps by the employer. It is excessive to consider that the employer was required to take additional steps after the criminal judgment in order to establish the absolute nullity of the individual employment contract, given that there was already a final criminal judgment by which the acts on the basis of which the employment contract had been concluded were removed from the legal order, with the consequence of an objective impossibility for the employment relationship between the parties to continue. It is irrelevant that the appellant claimant was not a party to the proceedings in which the above mentioned judgment was delivered, given that there is a final criminal judgment establishing the nullity of the acts that generated the conclusion of the employment contract, irrespective of whether or not the appellant was a party to those proceedings. That judgment has a decisive impact on the employment relations between the parties and cannot be ignored by the employer and the employee, nor by the court.

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