Mutarea angajaților în cadrul grupurilor de societăți: novație prin schimbarea angajatorului sau cesiunea contractului individual de muncă? Posibilitatea adoptării unor soluții dezvoltate în jurisprudența franceză și cea italiană
Moving employees within groups of companies: novation by changing the employer or assignment of the individual employment contract? The possibility of adopting some solutions developed in French and Italian jurisprudence

Summary/Abstract: Groups of companies are a reality that cannot be ignored. Work within groups of companies presents particularities for which Romanian labor legislation does not offer solutions. Even if the legislation of other states includes solutions for some problems, they do not regulate all aspects of the employees' activity within groups of companies. Moving employees between different employers, within the group of companies, is a practice that has significant effects, the most important problems being related to the establishment of a new trial period or salary rights related to the termination of employment relationships. In these conditions, it is necessary to return to civil law, as applicable common law. The article explores the possibility of adopting solutions identified in French and Italian jurisprudence in the Romanian legislative context, proposing to open a debate on this subject, respectively regarding the possibility of qualifying the operation of moving an employee from one employer to another within the group by companies as a novation by changing the employer or as assignment of the individual employment contract.

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