ASPECTS REGARDING THE LEGALITY OF THE DISMISSAL DECISION
ASPECTS REGARDING THE LEGALITY OF THE DISMISSAL DECISION
Author(s): Dragos Lucian RadulescuSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Law on Economics, Administrative Law, Labour and Social Security Law
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: employer; employee; dismissal; cause; non-discrimination;
Summary/Abstract: Dismissal is the legal institution that, on the initiative of the employer or for reasons related to the employee, causes the termination of the individual employment contract. In case of application of the provisions of art. 65 of the Labor Code, regarding the termination of employment for reasons not related to the person of the employee, the topic is of the utmost relevance, in the current economic context. The legality of such a dismissal decision will relate to the existence of a real and serious cause, thus eliminating the possible subjective conduct of employers, not accepting the absence of the actual cause or the elements that define discrimination in employment relationships. The article discusses the conditions of legality of a dismissal decision leading to the termination of employment, as well as the accepted motivation, with reference to opinions in legal doctrine and practice.
- Issue Year: LXXII/2021
- Issue No: 2
- Page Range: 30-36
- Page Count: 7
- Language: English