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- Title
EFECTELE DECIZIEI DE REVOCARE A DECIZIILOR DE PENSIE ASUPRA RAPORTURILOR DE MUNCĂ.
- Authors
ATHANASIU, ALEXANDRU; VLĂSCEANU, ANA-MARIA
- Abstract
This paper focuses on the legal effects triggered by the revocation of pension decisions over the employment relations, with a special emphasis on the case where the employer ascertains the termination of employment as a result of the employees’ decision to retire. First, we perform a critical analysis of the Decision No 54/2022 rendered by the High Court of Cassation and Justice, where the Court basically ruled that the rejection of a request to benefit from old age pension with the reduction of the standard retirement age during a review process triggers the application of the Civil Code rules on the effects of nullity in what concerns the employers’ decision ascertaining the termination of employment by operation of law under Article 56 (2) and Article 56 (1) c) of the Labour Code. Concretely, we argue that the ruling rendered by the High Court of Cassation and Justice ignores the legal requirements concerning the revocation of administrative acts, namely for these acts not to have entered the civil circuit, as a well the particularities of employment relations, which are incompatible with a tale quale application of the civil nullity principles. Secondly, the study concentrates on the elaboration of de lege ferenda proposals aimed at clarifying the legal regime applicable to employment relations in case where the act based on which the termination of employment is ascertained is annulled.
- Subjects
GREAT Britain. High Court of Justice; OLD age pensions; OLD age assistance; DISMISSAL of employees; LABOR laws; JUSTICE; BABY boom generation; ACCESS to justice
- Publication
Dreptul, 2024, Issue 3, p35
- ISSN
1018-0435
- Publication type
Article