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Vasile Septimiu PANAINTE: Revocation of the dismissal decision in the light of HCCJ decision no. 18/2016

Abstract: In interpreting and implementing the provisions of art. 278 par. (1) of the Labour Code, the provisions of art. 1324, 1325 and 1326 of the Civil Code are compatible with the specific of employment relationship and can be applied to complete the Labour Code provisions. Therefore, interpreting the art. 55 lit. c) and art. 77 of the Labour Code, the dismissal decision can be revoked up to the date of communication. The act of revocation is subject to the requirements of proper communication of the dismissal decision. The practical effects of the decision are abundant. The parties may use the procedure of conventional nullity. "Revocation" of the dismissal decision, as a consequence of employee's court action, is no longer possible. In court, employer must directly and expressly admit that employee's claims are justified, using the provisions of Art. 436 Civil Procedure Code.

Keywords: dismissal decision, revocation, communication of the revoking document, conventional nullity, acceptance of employee's claims


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