39. Încetare contract individual de muncă în timpul perioadei de probă
39. Termination of the individual employment agreement during the trial period

Summary/Abstract: The employee's right to benefit from the protection offered to disabled persons is closely correlated with his obligation to notify the employer from the conclusion of the individual employment agreement while submitting the certificate justifying the protection offered, as the right must be exercised in accordance with the purpose for which it was regulated. However, in the case of the claimant who, when hired, submitted medical documents reflecting that he is clinically healthy and thus, with intention did not inform the employer that he was a person who had a certificate of disability, legally his employer referred to a trial period specific to the management position he was to hold. Considering that the termination of the employment agreement was made in full compliance with the provisions of Article 31 paragraph (3) of the Labor Code, appear to be irrelevant the arguments based on the provisions of Law no. 448/2006, since the employee, the only one who could request the protection instituted in favor of the disabled people, hid his condition, invoking only that there were indications from which this could have been concluded, an aspect contradicted by the medical documents submitted and his statement during the medical consultation performed at employment. Nor does the reference to the provisions of Article 38 of the Labor Code can be retained, given that the reason of the legislator was to prevent employees from limiting their rights in consent with the employer, but these provisions are not intended to force them to exercise them.

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