Consideraţii privind calitatea procesuală a lucrătorilor în constatarea nulităţii absolute a contractului/acordului colectiv de muncă

Judecător drd. Grety CRISTEA

Tribunalul Damboviţa

Abstract

In the judicial practice, different opinions emerged with regard to the possibility of the employee/civil servant to request the declaration of the absolute nullity of the collective labour agreement/contract when the damage is determined within the property of the employer, through a control act of the Court of Accounts. In solving this issue of law, the High Court of Cassation and Justice intervened by decision no. 17/2016 (the panel competent to decide on points of law) published in the Official Gazette of Romania, Part I, no. 993 of 9 December 2016. In our opinion, while acknowledging the standing to sue of the employee in such a situation, the decision gives rise to another controversy over his interest in declaring the nullity.

Keywords: standing to sue, civil servant, lack of interest,...