38. Demisie fără preaviz. Emiterea de către angajator a unei dispoziţii de încetare a contractului individual de muncă prin transformarea demisiei fără preaviz într-o demisie condiţionată
38. Resignation without prior notice. Issuance by the employer of an order to terminate the individual employment agreement by transforming the resignation without prior notice into a conditional resignation

Summary/Abstract: In order to produce legal effects, the resignation does not require the consent of the co contracting employer, part of the legal employment relationship. Moreover, according to the Labor Code [Article 81 paragraph (2)], if the employer refuses to register the resignation, it is still effective if the employee proves it with any means of proof. Whereas the resignation does not need the employer’s approval, it is obvious that it is not necessary to issue a decision or provisions regarding the termination of the contract. If such a decision/order is nevertheless issued by the employer, it is only intended to consolidate a certain legal situation which has produced its effects, being a decision to terminate the employment relationship, in other words a declaratory act and not one with constitutive effects. Under these conditions, the employment agreement shall cease on the date of the employee's expression of will, i.e. a resignation without prior notice and not on the date of issuing the employer's decision to terminate the employment agreement or on the date entered in the employer's decision. Therefore, the employer's acts subsequent to the registration of the resignation are no longer able to produce legal effects as long as they concern a terminated employment relationship, but at most they may confirm that the termination of the employment agreement occurred under the conditions specified by the employee in the unilateral act of resignation.

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