Nelegalitatea instituirii unei noi perioade de probă în cazul unui transfer de întreprindere. Imposibilitatea reintegrării şi temeinicia daunelor morale

The unlawfulness of the introduction of a new probationary period in the event of a transfer of undertakings. The impossibility of reinstatement and the justification of moral damages

Abstract

In the case analysed, the Court held that the conditions of Article 4 let. (d) of Law No. 67/2006 on the transfer of undertakings were met, since the decision of the local council ordered the transfer of staff and assets to the new company to continue the original public service activity of managing the municipal cemetery. The fact that it was necessary to conclude new individual employment contracts and that not all employees were taken over is irrelevant. The employee's rights under the individual employment contract should therefore have been maintained. At the time of the transfer, the employee had completed his probationary period with the...