14. Cauza reală şi serioasă a concedierii salariatului în temeiul art. 65 C. mun. Aparenţa cauzei
14. Real and serious cause for dismissing the employee under art. 65 of the Labor Code. Appearance of the cause

Summary/Abstract: In the absence of a legal definition of the real and serious cause for the workplace dissolution, it can be understood as having an objective nature, independent of the will of a person, as well as a serious, deep nature, devoid of superficiality. Starting from this simple meaning of the words used in the content of the legal norm in art. 65 of the republished labor Code, one may consider that a cause is apparent when it is different than it seems at first glance. The way of terminating the employment of certain employees in relation to whom redundancy was decided, namely by agreement between the parties, under art. 55 letter b) of the labor Code, or the legal situation of another employer concluding new employment contracts with these employees, are not likely to determine the appearance of the real and serious cause for the dismissal of the employee who did not accept such termination of his individual employment contract by agreement of the parties.

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