12. The written form of the individual employment contract before and after Law no. 40/2011 Cover Image
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12. Forma scrisă a contractului individual de muncă anterior şi ulterior Legii nr. 40/2011
12. The written form of the individual employment contract before and after Law no. 40/2011

Author(s): Oana Cristina Niemesch
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: workplace relationship evidence; validity of employment documents; probative value of unregistered certificates; burden of proof in employment disputes;

Summary/Abstract: Regarding the invocation of the certificate alleged to be issued by the respondent to serve her for the family doctor, the Court finds that work relations are proved by means of submitting the individual employment contract, and such a document was placed on the file by the appellant, as no evidence that it existed was brought. Even if such a certificate could possibly be corroborated with other administered evidence relevant to establish the existence of an employment relationship, in this case it is found that the appellant has not made a request for proving the existence of the legal work relationship before the first instance. Regarding the invoked certificate, the Court finds that it does not bear a registration number, making no evidence of the validity thereof.

  • Issue Year: 2014
  • Issue No: 04
  • Page Range: 87-91
  • Page Count: 5
  • Language: Romanian
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