Încetarea de drept a contractelor de muncă în cazul desfiinţării angajatorului. Aspecte teoretice şi practice

Conf. univ. dr. av. Laura GEORGESCU

Conf. univ. dr. av. Loredana MUSCALU

ABSTRACT

In the cases presented below, we aim to analyze the situations in which the legal entity employer can still be held liable for non-payment of salaries after its dissolution. According to the Labor Code, the employment contracts of employed employees terminate by law. Therefore, we consider that the employer can no longer be held responsible for the non-payment of wages after its dissolution, as it is not a question of outstanding wages. The employees' requests to the court were between the date of the dissolution of the employer, a public institution by a government ordinance, and the date of the declaration of unconstitutionality of the ordinance, a period in which the employer did not exist as a legal entity.

Keywords: public institution, employee, employer, dissolution, termination, salary.

REZUMAT

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