Concediere lider de sindicat - nulitate clauză contract colectiv de muncă prin prisma aplicării Deciziei Curţii Constituţionale nr. 814 din 24.11.2015

Dismissal of union leader - nullity of the collective labor contract clause in view of the application of the Decision of the Constitutional Court no. 814 of 24 November 2015

Abstract

Regarding the legal issue to be resolved in the case, respectively if it is possible to dismiss the union leaders and what are the cases in which such a measure can be ordered, the Constitutional Court of Romania ruled in Decision no. 814 of 24 November 2015.

In the present case, it is found that such an absolute prohibition of dismissal is inserted in Article 135 paragraph 2 of the collective labor contract at the level of the defendant company, the dismissal being prohibited without the prior consent of the union management.

It should be emphasized that the prohibition applies to all cases of dismissal, including when it is the result of a disciplinary...