conference program - Facultatea de Drept - Dunarea de Jos

CONSEQUENCES OF THE EMPLOYEE’S RESIGNATION BYTHE EMPLOYER’S FAULT ON THE EMPLOYEE’SREINSTATEMENT IN HIS FORMER JOBPh.D. Professor Alexandru ŢICLEAEcological University, BucureştiAbstractRomanian legislation should adopt an explicit text acknowledging the right of an employee whoresigned to prove that his act was due to the employer's abusive conduct, who made impossible for theemployee 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 theemployer's best interest, whose protection is the Employment Law reason for existence and continuousimprovement.A test case settled down by Bucharest Court of Law and Bucharest Court of Appeal makes ustackle upon the employee's interest to seek in a civil action the observance of his right regarding his stabilityin work, which being breached forced him to resign.GALAŢI, 24 th -25 th of April 2009 11