romanian english

Septimiu PANAINTE: Again, Labour Code does not pass proportionality test. The presumption of abuse – the unconstitutionality of art. 60 para. (1) g) of the Labour Code

Abstract: The study aims to emphasize a solution recently adopted by the Constitutional Court – Decision no. 814 of November 24th, 2015 regarding the unconstitutionality of art.60 para.(1) g) of the Labour Code and to reveal the context in which the decision was pronounced. The Court applied the proportionality test noting that the provisions criticized presume a connection between the dismissal reason and union activity. The regulation enforces an unreasonable burden, contrary to the constitutional provisions of art. 16 – equality before the law, art. 44 – the right to private property and art. 45 – liberty of economic activity. The unconstitutional provisions express a presumption of abuse by the employer against the union leader in case of his dismissal. Unfortunately, this presumption of abuse is not an isolated case.

Keywords: union leader dismissal, art. 60 para. (1) g) of the Labour Code, the principle of proportionality, unconstitutionality.


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