Decizia de concediere şi nulitatea amiabilă reglementată de art. 1.246 alin. (3) din Codul civil
Dismissal decision and amicable nullity regulated by Article 1.246 Para. (3) of the Civil Code

Summary/Abstract: The dismissal decision, a unilateral act of the employer and specific to individual employment relationships, is fully compatible with the application of art. 1.246 para. (3) of the Romanian Civil Code, even in the absence of express legal provisions. The High Court of Cassation and Justice did not have the opportunity to proclaim this legal reality through any of the instruments of unification of the judicial practice at its disposal, but it created all the necessary premises to reach this conclusion through the rulings already pronounced. On the other hand, the tribunals, as ordinary courts that apply the labor jurisdiction, validated the incidence of the provisions of art. 1.246 para. (3) of the Civil Code in the matter of unilateral acts issued by the employer and even ruled on the sufficiency of a unilateral act of the employer for the declaration of absolute nullity of the previous unilateral act issued by the employer and affected by the nullity. The rarity of the issue before the labor courts does not diminish either the degree of difficulty of the issue, nor its theoretical beauty. Strengthening a clear judicial practice could also prove useful for encouraging employers to proceed with the voluntary implementation of the solutions allowed by art. 1.246 para. (3) of the Civil Code with the consequence of significantly relieving the role of the courts.

• Details
• Contents