CONSIDERAȚII ASUPRA PRACTICII INSTANȚELOR DE JUDECATĂ PRIVIND LEGALITATEA CONCEDIERII
CONSIDERATIONS ON COURT PRACTICE REGARDING THE LEGALITY OF DISMISSAL

Summary/Abstract: Abstract (en): The article focuses on the practice of Romanian courts from the perspective of interpreting and applying the legal norms that regulate dismissal as a unilateral act of the employer. It highlights that the legality of dismissal depends on the cumulative fulfillment of a set of conditions, such as: the existence of a real and serious reason, the prior legal procedure, as well as compliance with legal deadlines. At the same time, the role of evidence in establishing the veracity of the reason invoked by the employer is objectified, but also the need for the court to verify the existence of abuse of rights or discrimination. It presents several common situations in litigation, such as: disciplinary dismissals, the arbitrary establishment or assessment of the employee's performance objectives, the invocation of economic reasons, as well as the court's solutions to annul illegal dismissals and oblige the employer to reinstate the employee or pay compensation. The article evokes the practice of courts of law to protect the rights of the employee when the reasons for dismissal are not clearly proven or the procedure is not respected in all aspects, and, at the same time, draws attention to the role of institutions that monitor compliance with labor legislation.

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