REGLEMENTAREA LEGALĂ RECENTĂ A UNUI NOU CAZ DE SUSPENDARE A CONTRACTULUI INDIVIDUAL DE MUNCĂ DIN INIȚIATIVA ANGAJATORULUI

The institution of suspension of the individual labour contract is regulated by Articles 49–54 of the Labour Code (Law No 53/2003, republished on 18 May 2011). More or less recently, the Law No 255/2013 for the implementation of Law No 135/2010 on the Criminal Procedure Code (entered into force on 1 February 2014) and for amending and supplementing some normative acts which include criminal procedural provisions, supplemented the Labour Code (republished) by adding Article 52 (1) c1), pursuant to which the suspension of the individual labour contract occurs (on the employer’s initiative) also „in case the measure of judicial control or of judicial control on bail has been taken against the employee, under the terms of the Criminal Procedure Code, if there have been established, as his duty, obligations which prevent the performance of the labour contract, as well as in case the employee is under house arrest, and the content of the measure prevents the performance of the labour contract”. In this study, the author analyses this new and recently regulated case of suspension of the individual labour contract on the employer’s initiative.