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Considerations regarding the rights of employees who were dismissed unlawfully

Roxana Maria Roba ()
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Roxana Maria Roba: Faculty of Economic, Legal and Administrative Sciences, „Petru Maior” University of Targu Mures, Romania,

Juridical Tribune (Tribuna Juridica), 2018, vol. 8, issue 1, 155-162

Abstract: The present study aims to analyze the consequences of the annulment of the employee's dismissal decision. These concern the employer's obligation to reintegrate the unlawfully dismissed employee and to provide compensation to him, which must include the indexed, increased and refurbished wages and other entitlements to which the employee would have benefited. In addition to these amounts, the employee is also entitled to claim damages for the moral or material damage suffered as a result of the dismissal decision. The content and the way of fulfilling the legal provisions that currently regulate the rights of the unlawfully dismissed employee are of particular importance from the perspective of both the employee and the employer. Thus, from the point of view of the employee, the lack of precisely defined content of his rights can easily give rise to abuse by the employer. With regard to the latter, failure to adequately fulfill its obligations may have drastic consequences, which may also be of a criminal nature. The study uses the logical, historical and experimental method, analyzes the legal provisions currently in force, as well as the point of view of the doctrine and the solutions derived from the judicial practice. The conclusions are in the direction of expressing concrete proposals to amend the current regulations.

Keywords: dismissal; reintegration; employee; compensation; rights; employer. (search for similar items in EconPapers)
JEL-codes: K31 (search for similar items in EconPapers)
Date: 2018
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Handle: RePEc:asr:journl:v:8:y:2018:i:1:p:155-162