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Observations relating to compensations in the case of admission to the complaint against of the dismissal decision

Author

Listed:
  • Monica Gheorghe

    (Faculty of Law, „Lucian Blaga” University of Sibiu, Romania)

Abstract

The study aims to analyze a consequence of the annulment of the dismissal decision by the court, for reasons of lackluster or unlawfulness. According to art. 80 of the Labor Code, in the event of the finding of illegality and/or inadequacy of the dismissal decision, the court orders the cancellation of the unilateral act of dismissal. An effect of the annulment of the dismissal decision is the employer's obligation - in all cases - to compensate the employee equal to the indexed, increased and updated salaries and the other rights that the employee would have been entitled to if he had not been dismissed. In relation to the imperative wording of the legal text, atypical assumptions are considered in which the award of damages should be nuanced in relation to the factual situation that led to the termination of employment relations. There are also issues related to the content of the claims and their amount.

Suggested Citation

  • Monica Gheorghe, 2018. "Observations relating to compensations in the case of admission to the complaint against of the dismissal decision," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(3), pages 705-711, December.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:3:p:705-711
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    More about this item

    Keywords

    employee; employer; dismissal; compensation.;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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