DIN NOU DESPRE CAUZA REALĂ ȘI SERIOASĂ ÎN CAZUL CONCEDIERII INDIVIDUALE PENTRU MOTIVE CARE NU ȚIN DE PERSOANA SALARIATULUI (ART. 65 DIN CODUL MUNCII)

Pursuant to Article 65 of the (Romanian) Labour Code, the dismissal of the employee due to the dissolution of his workplace, for one or more reasons not related to this employee, involves, according to paragraph (2) of this text, that such a dissolution „be effective and have a real and serious cause”. Having a view that in the case law there is a difference of opinions on the above-mentioned phrase, the author makes an exhaustive analysis of the text of Article 65 and comes to the firm conclusion that, in case of dispute, the court must determine whether, in this case: – the dissolution of the workplace has occurred due to a real cause, therefore the cause was objective, of an undeniable nature; – the cause is serious, so it has a certain degree of gravity, with harmful consequences for the employer, thus requiring the dismissal of the employee; – if, following the principle of good faith, the employer has used, prior to dismissal, all the other possible legal remedies, so that the dismissal had only been a last resort.