Consideraţii cu privire la concedierea salariatului potrivit art. 61 lit. b) Codul muncii

Olimpia-Monica MATIAŞ

Judecător Tribunalul Timiş

ABSTRACT

Provisions of art. 61 lit. b of the Labor Code regarding the possibility of the employer to proceed to termination of employment of the employee individually his custody or at home, unless the judge granted permission for rights and freedoms, preliminary chamber judge or court that employee arrested at home to come to work, not as a hypothesis employee guilty of an offense. Reason dissolution individual employment contract is solely for the need to prevent the damaging effects they can have on the employer prolonged absence of the employee who does not fulfill its contractual obligation to perform work.

Employer's right of dismissal in this case is based on the objective situation, the employee's arrest represents a necessary and sufficient condition for the measure.

From the comparative analysis of the two regulations, namely art. 61 lit. b...