Câteva consideraţii privind neconstituţionalitatea dispoziţiilor art. 50 lit. e) C. muncii

Conf. univ. dr. Lavinia ONICA-CHIPEA

Facultatea de Drept

Universitatea din Oradea

ABSTRACT

The paper seeks to identify and develop the arguments that support the unconstitutionality of the provisions of art. 50 lit. e) of the Labor Code, according to which: “The individual labor contract is legally suspended in the following situations: (...) e) the performance of a managerial position paid in Union”.

The starting point for this scientific approach is the lifting of the unconstitutionality of the provisions mentioned before The Court of Appeal in a case involving H.E. SRL in contradiction with Mr. P.Ş.M., having as object the settlement of the appeal against the dismissal decision.

The conclusion of the scientific approach supports the idea that the provisions of art. 50 lit. e) of the Labor Code are unconstitutional, violating the provisions of art. 16, art. 41, art. 44 and art. 45 of the Romanian...