19. Nerespectarea de către angajator a obligaţiei de rezultat prevăzute în contractul colectiv de muncă de a stabili un Plan social cu Sindicatul reprezentativ
The employer’s failure to comply with the obligation of result provided for in the collective bargaining agreement to establish a Social Plan together with the representative trade union constitutes

Summary/Abstract: The employer’s failure to comply with the obligation of result stipulated in the collective bargaining agreement, namely to negotiate and reach an agreement with the trade union regarding a Social Plan, directly affects the validity of the employer’s decision whereby the measures concerning the affected employees were unilaterally established. By applying the principle whereby the subsequent act is annulled as a consequence of the annulment of the initial act (resoluto iure dantis, resolvitur ius accipientis), enshrined in Article 1254(2) of the Civil Code in conjunction with Article 1325 of the Civil Code, the decision by which the employee’s individual employment contract was terminated through individual dismissal for reasons not related to the employee’s person, as a result of the abolition of the position held by her, is also affected by absolute nullity. Pursuant to Article 80(1) and (2) of the Labour Code, since the dismissal was carried out unlawfully, it is necessary to restore the parties to the previous situation, by reinstating the employee to the position and job held prior to dismissal and by ordering the employer to pay the employee compensation equal to the indexed, increased and updated salaries, as well as all other rights the employee would have been entitled to, from the date of dismissal until the date of effective reinstatement.

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