34. Admisibilitatea ordonanţei preşedinţiale în litigiile de muncă. Posibilitatea suspendării ordinului de schimbare intempestivă a locului de muncă a angajatului
34. Admissibility of the injunction in labor disputes. Possibility of suspending the order of abrupt change of the employee's job

Summary/Abstract: From the interpretation of Article 275 of the Labor Code, corroborated with the provisions of Article 997 paragraph (4) of the Civil Procedure Code, it results that it cannot be successfully argued that such a procedure is not permitted in labor law disputes. By way of injunction, it is possible to obtain the suspension of the order of abrupt move to another location far from home, in order to remove an imminent damage resulting from financial difficulties, as well as those of finding in a short time a means of transport and accommodation. With regard to the non prior trial of the case merits, it should be noted that since the plaintiff opposes to the defendant an addendum previously concluded in an identical situation, and the latter does not deny the development of the employment relationship as described, until clarification of legal relations between the parties, based on this situation of legal uncertainty, i.e. the necessity or not of concluding an addendum to the employment agreement, it is not possible to confirm the enforcement of the unilateral act, and the damage of the employee's right can be aggravated and prolonged. As the presumption of legality of the employer's order is debatable, it is necessary that the act does not produce effects until the resolution of the case merits.

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