High Court of Review and Justice
In its session of 19 September 2022, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment #15 in Case #1134/1/2022
The Panel sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Galaţi Court of Appeals and establishes that:
Under a consistent interpretation and application of the stipulations of Art. 52 para. (2) of Law #53/2003 – the Labor Code, as republished and subsequently amended and supplemented, based on the Constitutional Court Decision #405 of 15 June 2016, published in Part I of Official Journal of Romania #517 of 8 July 2016, in case of an employee in whose respect the employer issued, under Art. 52 para. (l) item b) first intent of Law #53/2003 – the Labor Code, a decision suspending his/her individual employment agreement as a result of effects of Constitutional Court’s Decision #279 of 23 April 2015, published in Part I of Official Journal of Romania #431 of 17 June 2015, in a situation where the legal relationship governed by the stipulations of the law found to be unconstitutional was not permanently consolidated, the employee has a right of claim consisting of a compensation equivalent to the remuneration due to him/her all along the suspension term under the norms and principles of civil contractual liability.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 19th of September 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
OFFICE FOR PUBLIC INFORMATION AND RELATIONS