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VASILE SEPTIMIU PANAINTE, Statute of union leaders between the necessary protection and the presumption of abuse from the employer: art. 50 lit. e) of the Labour Code

Abstract: The study is a critical analysis of normative solution provided by art. 50 letter e) of the Labour Code: suspension ope legis of employment contract while holding a position of union leader, as long as the leader is paid by workers' union. The legal text has the effect of banning the overlap of the employment contract concluded between the employer and union leader with the agreement signed with the union. Consequently, two hypotheses are analyzed in practical terms: the union leader is remunerated solely by the employer and, respectively, the union leader is remunerated exclusively by the union. In practice, the legal text produces different effects, beneficial or not, depending on the specific of each analyzed situation. By comparison, in the case of public servants, the solution of suspension ope legis has limited applicability. The normative solution seems to be excessive, rigid and inappropriate. De lege ferenda, holding a position of union leader should generate the right of employee to determine suspension of contract.

Keywords: union leader, suspension of the employment contract, art. 50 lit. e) of the Labour Code.


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