INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
Alexandru ŢICLEA
CONSEQUENCES OF THE EMPLOYEE’S RESIGNATION BY
THE EMPLOYER’S FAULT ON THE EMPLOYEE’S REINSTATEMENT
IN HIS FORMER JOB
Abstract
Romanian legislation should adopt an explicit text acknowledging the right of an
employee who resigned to prove that his act was due to the employer's abusive conduct,
who made impossible for the employee to continue his employment and that what in fact
occurred was a constructive dismissal.
As ―constructive dismissal‖ or ―self-resignation‖ are jurisprudential creations
operating abroad, we consider that there is nothing to hinder our law courts from creating
them, as it would be in the employer's best interest, whose protection is the Employment
Law reason for existence and continuous improvement.
A test case settled down by Bucharest Court of Law and Bucharest Court of
Appeal makes us tackle upon the employee's interest to seek in a civil action the observance
of his right regarding his stability in work, which being breached forced him to resign.
1. Introduction
A test case settled down by Bucharest Law Court
1 and by Bucharest Court of Appeal 2 gives us the opportunity to tackle
upon the subject matter related to an employee’s interest who seeks with
the justice system the observance of his right regarding his stability in
work, when the breach of his right forced him to resign.
2. Facts
Complaint with the person in question’s individual employment
contract and with her job description record, the plaintiff was hired as
Coordinator Recruitment Developer.
In September 2003 she was given by the employer written notice to
temporarily take over the position of Training Coordinator for the GLOBE
project, until its completion, without diminishing her salary.
1 Section VIII Labour and social ensurances litigations, civil sentence no. 2084/2008
(unpublished).
2 Civil Section VII and for cases regarding labour and social ensurances litigations,
civil decision no. 3979/R/2008, published in “Romanian Review of Employment
Law” no. 1/2009, pp. 165-169.
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