INDIVIDUAL EMPLOYMENT CONTRACT AGREEMENT. BRIEF ANALYSIS IN LIGHT OF THE PROVISIONS OF ARTICLE 16 OF THE LABOR CODE
INDIVIDUAL EMPLOYMENT CONTRACT AGREEMENT. BRIEF ANALYSIS IN LIGHT OF THE PROVISIONS OF ARTICLE 16 OF THE LABOR CODE

Summary/Abstract: Ruling on the interpretation and applicability of art. 16 para. (1) and art. 57 para. (5)and (6) of the Labor Law, combined with art. 211 let. b) of Law no. 62/2011, art. 35 of the Civil procedure code and art. 6 of the European Convention for Human Rights, in case of breaching the obligation of concluding the individual employment agreement in written form, the High Court of Cassation and Justice decided that the individual working for and under the authority of the other party is entitled to an action for acknowledging the work relationship and the related effects even in the case where the respective work relationship had already ceased before the court was vested with the related action. The legal consequences of this right-of-law effect produce far greater effects than those indicated. It was necessary to unify judicial practice.

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