21. Conflict de muncă; nulitatea de drept a contractului individual de muncă încheiat cu nerespectarea cerinţelor prevăzute de lege pentru ocuparea postului
21. Employment dispute; ipso jure nullity of the individual employment contract concluded in breach of the statutory requirements for filling the position

Summary/Abstract: Failure, at the time of concluding the individual employment contract, to fulfil a requirement of general interest for health and safety, namely not holding a category C driving license, entails the nullity of the contract. The nullity could have been remedied if the employee had obtained the category C license during the proceedings, before the nullity was established, which did not happen. With regard to the effects of nullity, unlike in civil law, in labour law nullity produces effects only for the future (ex nunc). Work already performed must be paid; the services cannot be returned and the employee cannot be asked to repay the money for the work carried out, and the contract terminates „by operation of law” only on the date when the judgment becomes final, namely on the date of the decision on appeal.

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