Acţiune în constatarea nulităţii deciziei angajatorului prin care se ia act de demisia salariatului. Inadmisibilitate. Nulitate parţială în privinţa temeiului juridic indicat de angajator. Reconstituirea fişei postului

Action for a declaration that the employer's decision to take note of the employee's resignation is null and void. Inadmissibility. Partial invalidity as regards the legal basis indicated by the employer. Reconstructing the job description

Abstract

The plea of inadmissibility of an application cannot be based on a restrictive interpretation of a general legal provision which does not establish in terminis an exception to free access to justice. The failure to indicate expressly verbis that a particular act is subject to review by the courts cannot have the effect of exempting that act from review in the absence of a special, derogating rule to that effect.

The employer's acts of a purely declaratory nature are not beyond the control of the courts. As long as an interest can...