Consecinţe ale anulării concedierii în dreptul comparat. O propunere de lege ferenda

dr. h.c. ALEXANDRU ŢICLEA

Prof. univ. - Universitatea Ecologică din Bucureşti, Şcoala doctorală DREPT - Academia de Poliţie "Alexandru Ioan Cuza"

ABSTRACT

As a rule, in the countries of the European Union, for example in France, Italy, Spain, England, the cancellation of the dismissal does not lead to the reintegration of the employees at work. However, they are entitled to compensation, to damages, etc. established by the judge within the limits provided by law.

In our country the situation is different. Regardless of the reason for the dismissal, whether it is related or not to the employee’s person, the court, at his request, shall order, in case of cancellation of the employer’s measure, the reintegration at work, regardless of the fact that position exists or not, the position being abolished, or if the employee has committed serious disciplinary misconducts: he has systematically violated the work...