19. Cerere în despăgubiri pentru nelegalitatea concedierii disciplinare.Momentul de la care începe să curgă termenul de prescripţie pentru plata despăgubirilor solicitate pe cale separată
19. Claim for compensation for the illegality of disciplinary dismissal. The moment from which the limitation period for the payment of compensation requested separately begins to run

Summary/Abstract: The action aimed at obliging the employer to pay compensation equal to the indexed, increased and updated salaries and the other rights that the employee dismissed unjustly or illegally would have benefited from is subject to a limitation period of 3 years from the date of the birth of the right to action, provided for by the provisions of art. 268 paragraph 1 letter c of the Labor Code. The compensation regulated by art. 80 paragraph 1 of the Labor Code concerns the value of the salaries to which the employee dismissed unjustly or illegally was entitled, salaries that are successive in nature. As long as the compensations form a unitary whole, according to art. 2.526 of the Civil Code, the limitation period begins to run from the date on which the last benefit becomes due. Given that, by final court decision, it was established that, in this case, the employment contract terminates on the date of the judgment, the 3 year period for claiming compensation began to run on the date of the judgment. At the time of the communication of the dismissal decision, the former employee did not know and had no possibility of knowing the moment of the finalization of the process by the pronouncement of the final solution. The unitary nature of the claims, viewed from the point of view of the moment of commencement of the limitation period, does not eliminate the possibility, from a procedural point of view, of claiming compensation for certain periods, as long as there is no legal limitation of the protection of the right.

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