DLP Insights

The Ministry of Labour and Social Policies, with response to the request for a ruling no. 1/2015 submitted by the National Council of employment consultants and Trade Union of employment consultants, clarified that for cases of dismissal for objective justified reason, by a temporary employment agency, with at least 5 employees hired with long-term contract in the same province and working under a public contract for temporary services for 36 months, the individual dismissal laws will be applicable and not layoff laws.

On 24 December the Government passed the new law on contracts with protection measures increasing with seniority which will be applicable to newly hired employees as of 2015.

With its ruling no. 15 of 7 January 2015, the Cassation Court declared wrongful and thus illegal dismissal of a worker, who benefitted from employer accommodations at extremely advantageous conditions, for not having communicated that he was already the owner of other property, in order to continue to benefit from the housing made available by the employer. Specifically, the Cassation Court recognised the charges against the worker, but considered the dismissal wrongful.

With its ruling no. 4 of 5 January 2015, the Cassation Court established that a flat rate compensation paid as overtime must be considered as an integral part of fixed remuneration (as individual superminimo wage supplement) if it concretely possesses the characteristics of stable remuneration recurring over time, regardless of the formal qualification assigned by the employer.

An employee may record a conversation with his superior for the purposes of using it in a civil case.