CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSAL
The consequences of finding by a court of law that the decision to dismiss an employee is void, are to annul with retroactive effect the measure terminating the employment relationship between the parties (i.e. the applicant and the employer) and to restore the previous situation. According to the r...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2022-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2022_articles%252F3_CKS_2022_PUBLIC_LAW%252FCKS_2022_PUBLIC_LAW_009.pdf |
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| _version_ | 1850038421250113536 |
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| author | Marta-Claudia CLIZA Laura-Cristiana SPĂTARU-NEGURĂ |
| author_facet | Marta-Claudia CLIZA Laura-Cristiana SPĂTARU-NEGURĂ |
| author_sort | Marta-Claudia CLIZA |
| collection | DOAJ |
| description | The consequences of finding by a court of law that the decision to dismiss an employee is void, are to annul with retroactive effect the measure terminating the employment relationship between the parties (i.e. the applicant and the employer) and to restore the previous situation. According to the retroactivity principle of the effects of the legal act nullity - nullity does not produce effects only for the future (ex nunc), but also for the past (ex tunc), i.e. these effects are produced up to the moment of the conclusion of the civil legal act. The most important consequence of the annulment of the dismissal decision and the reinstatement of the previous situation is the effective reinstatement in employment. Reinstatement means the continuation of the old employment agreement (without changing its provisions - including the place of work or salary), by resuming the position previously held. In this study we shall tackle down certain considerations regarding the proper reinstatement of an employee, without breaching his or her legal rights, including the right to work. |
| format | Article |
| id | doaj-art-cd3dfe85e82d4e9e9f0b3f000c24bc75 |
| institution | DOAJ |
| issn | 2068-7796 |
| language | English |
| publishDate | 2022-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-cd3dfe85e82d4e9e9f0b3f000c24bc752025-08-20T02:56:36ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962022-06-01151241245CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSALMarta-Claudia CLIZA0Laura-Cristiana SPĂTARU-NEGURĂ1Faculty of Law, ”Nicolae Titulescu” University of BucharestFaculty of Law, ”Nicolae Titulescu” University of BucharestThe consequences of finding by a court of law that the decision to dismiss an employee is void, are to annul with retroactive effect the measure terminating the employment relationship between the parties (i.e. the applicant and the employer) and to restore the previous situation. According to the retroactivity principle of the effects of the legal act nullity - nullity does not produce effects only for the future (ex nunc), but also for the past (ex tunc), i.e. these effects are produced up to the moment of the conclusion of the civil legal act. The most important consequence of the annulment of the dismissal decision and the reinstatement of the previous situation is the effective reinstatement in employment. Reinstatement means the continuation of the old employment agreement (without changing its provisions - including the place of work or salary), by resuming the position previously held. In this study we shall tackle down certain considerations regarding the proper reinstatement of an employee, without breaching his or her legal rights, including the right to work.http://cks.univnt.ro/download/cks_2022_articles%252F3_CKS_2022_PUBLIC_LAW%252FCKS_2022_PUBLIC_LAW_009.pdfright to workreinstatementemployeeemployerunlawful dismissal |
| spellingShingle | Marta-Claudia CLIZA Laura-Cristiana SPĂTARU-NEGURĂ CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSAL Challenges of the Knowledge Society right to work reinstatement employee employer unlawful dismissal |
| title | CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSAL |
| title_full | CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSAL |
| title_fullStr | CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSAL |
| title_full_unstemmed | CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSAL |
| title_short | CERTAIN CONSIDERATIONS ABOUT THE RIGHT TO WORK AND THE REINSTATEMENT OF AN EMPLOYEE AFTER UNLAWFUL DISMISSAL |
| title_sort | certain considerations about the right to work and the reinstatement of an employee after unlawful dismissal |
| topic | right to work reinstatement employee employer unlawful dismissal |
| url | http://cks.univnt.ro/download/cks_2022_articles%252F3_CKS_2022_PUBLIC_LAW%252FCKS_2022_PUBLIC_LAW_009.pdf |
| work_keys_str_mv | AT martaclaudiacliza certainconsiderationsabouttherighttoworkandthereinstatementofanemployeeafterunlawfuldismissal AT lauracristianaspatarunegura certainconsiderationsabouttherighttoworkandthereinstatementofanemployeeafterunlawfuldismissal |