Anularea deciziei de concediere. Repunerea părţilor în situaţia anterioară. Întoarcerea executării

Cancellation of the layoff decision. Restoration of the parties to the previous position. Invalidation of judicial execution

Abstract

The fact that the final solution passed by the court of appeals in the labor dispute brought before the court was to reject the complaint lodged against the layoff decision does not automatically lead to the conclusion that the services rendered by the parties pursuant to the decision on the merits can be mutually returned, based on the invalidation of the judicial execution.

The salary rights paid as of the reemployment of the employee and up to the passing of the decision by the court of appeals cannot be returned, because, according to art. 159 of the labor Code, as republished, they represent the counter-service of the work performed by the employee and, hence, they are owed by the employer.

Rezumat

Împrejurarea că soluţia irevocabilă pronunţată de instanţa...