Egalitate de şanse şi de tratament între femei şi bărbaţi. Discriminare la selecţia salariaţilor la concediere. Răspunderea patrimonială a angajatorului

Equality of opportunity and treatment between women and men. Discrimination upon selection of employees upon dismissal. The employer’s patrimonial liability

Abstract

The discrimination according to the gender criterion was made in the context of the employee’s individual dismissal according to art. 65 of the Labour Code, upon selection carried out by the employer among those employees who held similar positions, and was sanctioned with nullity under a final court order, as the employer was obliged to pay the compensation provided for under art. 80 paragraph 1 of the Labour Code to the employee.

The new material compensation which the employee claims against the employer cannot be based in law on the provisions of art. 34 paragraph 1 of Law no. 202/2002, as republished in 2013, as its benefit has already been obtained according to the...