ABUSE OF RIGHT AND THE RIGHT TO TERMINATE AN INDIVIDUAL EMPLOYMENT CONTRACT DURING OR AT THE END OF THE PROBATIONARY PERIOD – CASE STUDY
ABUSE OF RIGHT AND THE RIGHT TO TERMINATE AN INDIVIDUAL EMPLOYMENT CONTRACT DURING OR AT THE END OF THE PROBATIONARY PERIOD – CASE STUDY

Summary/Abstract: The study aimed to analyze, in a synthetic manner, and in relation to judicial practice, the relevance of good faith as an abstract legal standard in the context of the abuse of right concerning discretionary rights. The presentation of a recent case study demonstrates the direction of recent judicial practice in the sense that discretionary rights (purely potestative) are susceptible to abuse of right. In particular, the present study shows, comparatively, both the opinions supporting and those excluding the possibility of abusing the right by issuing a termination notice of the employment contract during or at the end of the probationary period under art. 31 Labor Code.

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