The mere final cessation in the performance of the services arising from the employment relationship is not in itself suitable to provide evidence of dismissal,…
Continue reading → Oral dismissal: burden of proof on the employee
The subsequent dismissal of an employee who had been previously reinstated and then transferred to a business unit in which a reduction in staff had already been planned, was found to be null and void Court of Cassation, Employment Section, Judgment…
The Judge may not replace the employer in deciding on the level of disciplinary sanctions, except to reduce them to within the permitted limiti or at the request of…
Continue reading → Disciplinary sanctions: limits to the Judge’s power to redetermine them
With the judgment under discussion, the Court of Cassation confirms the rule that, in presumptive evidence, the onus of proof is on the plaintiff to provide evidence of…
Company collective agreements apply to all company workers, even if they are not members of the union(s) signing same, with the exception of those workers who, by joining a different trade…
Continue reading → Binding effect of company level collective bargaining agreements
Controls by an employer on an employee, done retrospectively, are allowed in order to ascertain whether a crime has been committed Court of Cassation, employment section, judgment no. 25977 of 16 November 2020 In the case in…
The aim of the settlement agreement must be identified not in relation to the wording used by the parties, but in the context of their contrasting interests Court of Cassation, Employment Section, 23 October…
Continue reading → Waivers and settlement agreements: purpose and interpretation
According to the Court of Cassation, a worker who gives directives to the staff is a subordinate employee and therefore cannot be considered a consultant Court of Cassation, Employment Section, Ordinance no. 24391 of…
The use of permits pursuant to Law no. 104/1992 not in accordance with the rationale of the rule constitutes abuse of the right and undue receipt of…
The Court of Cassation, with Judgment no. 21306 of 5th October 2020, illustrates when it is legitimate to limit the collective redundancy to workers in a particular business or production unit Court of…
Continue reading → Collective redundancy and the pool of workers affected
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