The Ploiești Court of Appeal has ruled that although the applicable national legislation in case of transfers of undertakings requires a transfer of ownership, the ECJ case law prevails and that, in the absence of a contractual agreement, a transfer of undertaking can be established even if the transferee concludes new employment contracts with the employees. |
Search result: 17 articles
Case Reports |
2022/16 A transfer of undertaking can be established in the absence of a contractual agreement between the transferor and the transferee and even if the transferee concludes new employment contracts with the employees (RO) |
Journal | European Employment Law Cases, Issue 2 2022 |
Keywords | Transfer |
Authors | Andreea Suciu and Teodora Manaila |
AbstractAuthor's information |
Case Reports |
2022/9 The organisation of working time in a company must not infringe employees’ rights to weekly rest (RO) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Working Time |
Authors | Andreea Suciu and Andreea Oprea |
AbstractAuthor's information |
The Iaşi Court of Appeal in Romania has upheld a decision issued by the Vaslui Tribunal which found that an employee cannot be the subject of disciplinary action for the refusal to perform work during their weekly rest notwithstanding that a working time schedule imposed by the employer was based on the applicability of an internal company policy. |
Case Reports |
2021/40 School director and loss of right to leave due to non-fulfilment of duties (RO) |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Paid Leave |
Authors | Andreea Suciu and Teodora Mănăilă |
AbstractAuthor's information |
The Dolj Tribunal has ascertained that a former employee, while acting as school director, by not fulfilling her obligations to schedule the annual leave of school teachers, including herself, cannot claim against the school as the employer for not providing the opportunity to take the annual leave or to inform of the possibility of losing such right. Furthermore, such actions of the former director will lead to the loss of the right to request compensation in case of termination of employment. |
Case Reports |
2021/26 Trade union found liable for organizing an illegal strike (RO) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Unions |
Authors | Andreea Suciu and Andreea Oprea |
AbstractAuthor's information |
The Craiova Court of Appeal has ruled that a trade union that organized an illegal strike was civilly liable for the entire prejudice caused to the employer due to the interruption of its business activity. The compensation will be calculated based on the damage incurred by the employer, regardless of whether the strike took place for only two hours, as in the case at hand, if the activity of the unit was disrupted for a longer period of time due to such strike action. |
Case Reports |
2021/21 The time spent in isolation at work during a state of emergency represents working time (RO) |
Journal | European Employment Law Cases, Issue 2 2021 |
Keywords | Working Time |
Authors | Andreea Suciu and Teodora Manaila |
AbstractAuthor's information |
The Bucharest Tribunal has ruled that the time spent by employees in isolation at work during a Covid-19 pandemic state of emergency represents working time. However, the time spent in isolation at home following the period of isolation at work does not constitute rest time. |
Case Reports |
2021/7 The termination of employment by mutual agreement or by resignation occurring on the employer’s initiative to be considered when establishing the actual number of employees collectively dismissed (RO) |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Collective Redundancies |
Authors | Andreea Suciu and Andreea Serban |
AbstractAuthor's information |
The Vaslui Tribunal has recently annulled an individual dismissal decision issued during the state of alert in Romania due to formalities which had not been observed by the employer. While the judge invested with determining the matter limited their analysis to the elements contained in the individual dismissal decision, the judicial assistant ascertained, within a competing opinion, that the dismissal decision should have been annulled for other reasons, namely for the fact that, in reality, the employer had implemented a collective redundancy process without observing the procedure and employees’ rights in the event of such dismissal. Relying on the provisions of Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, the judicial assistant has made an exhaustive analysis of the conditions required for the existence of a collective dismissal. |
Case Reports |
2020/49 Employing the former employees of a former service provider represents transfer of undertakings (RO) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Transfer of Undertakings |
Authors | Andreea Suciu and Teodora Manaila |
AbstractAuthor's information |
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Case Reports |
2020/18 Prohibition of dismissal of pregnant employee (RO) |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Gender discrimination |
Authors | Andreea Suciu and Teodora Mănăilă |
AbstractAuthor's information |
Analysing the national legal framework in relation to the protection of pregnant employees and employees who have recently given birth or are breastfeeding, provisions which transposed the regulations of Directive 92/85/EEC and of the conclusions in case C-103/16, Jessica Porras Guisado – v – Bankia S.A. and Others, the Constitutional Court of Romania ascertained that the dismissal prohibition of a pregnant employee is strictly restricted to reasons that have a direct connection with the employee’s pregnancy status. As for other cases where the termination of the employment contract is the result of disciplinary misconduct, unexcused absence from work, non-observance of labour discipline, or termination of employment for economic reasons or collective redundancies, the employer must submit in writing well-reasoned grounds for dismissal. |
Case Reports |
2020/42 Employees holding multiple roles with different employers may benefit from paid annual leave for each role (RO) |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Paid Leave |
Authors | Andreea Suciu and Gabriela Ion |
AbstractAuthor's information |
The Romanian Court of Appeal has overruled a first instance court’s decision with the effect that the employees working in the public administration/special utilities/budgetary units are entitled to benefit from paid annual leave, in the case of multiple roles, in accordance with Directive 2003/88/EC, Directive 97/81/EC and ECJ rulings. |
Case Reports |
2020/7 Successive fixed-term employment contracts (RO) |
Journal | European Employment Law Cases, Issue 1 2020 |
Keywords | Fixed-term work |
Authors | Andreea Suciu and Teodora Manaila |
AbstractAuthor's information |
The Craiova Court of Appeal has ruled that the continuous extensions of a fixed-term employment based on national provisions is not in accordance with the European jurisprudence. Relying on the findings of ECJ case C-614/15, the Craiova Court of Appeal made an exhaustive analysis of the relying arguments for subsequent extensions of fixed-term employments agreements for long periods of time and the objective reasons behind such use of contracts. |
Case Reports |
2019/51 Stand-by time from home is paid working time (RO) |
Journal | European Employment Law Cases, Issue 4 2019 |
Keywords | Working time |
Authors | Andreea Suciu and Gabriela Ion |
AbstractAuthor's information |
Stand-by time from home represents working time of medical personnel even for the periods when no medical activity was actually performed (no attendance at the hospital was required), the salary rights for such period being determined as a percentage of the hourly rate for the basic salary and the number of hours when stand-by time from home was performed. |
Case Reports |
2019/36 Are professional foster parents excluded from the right to request payment in lieu of untaken annual leave? (RO) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Paid Leave |
Authors | Andreea Suciu and Gabriela Ion |
AbstractAuthor's information |
The decision pronounced by the first instance court related to the right of professional foster parents to request payment in lieu of untaken annual leave based on ECJ case law has been overruled by the Court of Appeal by making reference to a different ECJ ruling. |
Case Reports |
2019/17 Non-discrimination based on gender in the employment relationship (RO) |
Journal | European Employment Law Cases, Issue 2 2019 |
Keywords | Gender discrimination |
Authors | Andreea Suciu and Gabriela Ion |
AbstractAuthor's information |
A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation. |
Case Reports |
2019/11 Resignation or constructive dismissal? (RO) |
Journal | European Employment Law Cases, Issue 1 2019 |
Keywords | Miscellaneous |
Authors | Andreea Suciu |
AbstractAuthor's information |
The Iasi Court of Appeal has held that a request for resignation completed and signed after various forms of pressure from the employee’s superiors does not represent a termination of an individual labour agreement on the initiative of the employee, but a constructive dismissal. |
Case Reports |
2018/34 Stand-by time must be interpreted in the light of ECJ case law (RO) |
Journal | European Employment Law Cases, Issue 3 2018 |
Keywords | Working time |
Authors | Andreea Suciu |
AbstractAuthor's information |
The Supreme Court has ruled that it is at the discretion of the competent national court to assess whether periods of stand-by time are working time. In doing so, the court should apply Romanian law as interpreted in the light of ECJ case law. |
Case Reports |
2016/56 Constitutional Court prohibits suspension pending disciplinary investigation (RO) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Suspension, Disciplinary investigation |
Authors | Andreea Suciu |
AbstractAuthor's information |
Article 52(1)(a) of the Romanian Labour Code allows an employer to suspend, without pay, an employee under a disciplinary investigation. However, the Constitutional Court has recently ruled Article 52(1)(a) unconstitutional. |
Case Reports |
2016/29 Prohibition on dismissing union leaders, even for reasons unrelated to union activity, is unconstitutional (RO) |
Journal | European Employment Law Cases, Issue 2 2016 |
Keywords | Dismissal of trade union leaders |
Authors | Andreea Suciu |
AbstractAuthor's information |
Article 60(1)(g) of the Romanian Labour Code does not allow an employer to dismiss trade union leaders for reasons other than disciplinary misconduct or judicial reorganisation, dissolution or bankruptcy of the employer. The Constitutional Court has recently ruled that Article 60(1)(g) is unconstitutional. |