20. Nulitatea clauzelor contractului individual de muncă. Interpretarea termenului de sesizare a instanţei după încetarea raporturilor de muncă
20. Nullity of clauses of the individual employment contract. Interpretation of the time limit for seizing the court after the termination of employment relations

Summary/Abstract: The possibility of invoking the nullity of a contractual clause does not automatically lapse on the date of the physical termination of the employment relationship; it continues to exist even after the termination of the employment relationship, under certain conditions. Thus, in essence, the phrase „for the entire duration of the contract’s existence”, provided for by Article 268(1)(d) of the Labour Code in the version in force at the time of the facts and acts submitted to judgment, regarding the invocation of the nullity of a clause, is based on the rule that this is not limited to the period of the employee’s actual activity, but extends over the entire period during which the respective contractual clauses continue to produce legal effects, especially when such a clause (such as the probationary period clause) formed the very basis of the decision to terminate the employment relationship.

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