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Ceasing of the individual contract of work from the perspective of the employer


Author: Ion Păducel
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2006
Scientific adviser: Teodor Negru
doctor, associate professor (docent), Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 8 September, 2006
Approved by NCAA on the 21 December, 2006

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Thesis

CZU 331.106.4(043)P12

Adobe PDF document 1.28 Mb / in romanian
190 pages

Keywords

: the right to work, individual contract; colectiv contract of work; reason of ceasing, individual dismissal; colective dismissal; some duties or the employer; acquis comunitar.

Summary

The structural modifications of the end of the 20th century in the east-European countries imposed a new view in the analysis of juridical rapports and those of working law.

In this context, the institution of ceasing the individual contract of work suffered some modifications. As this institution generates many consequences related to the social rapports, I considered the analysis of this institution to be very important.

Our interests want the ceasing of the individual contract of work from the perspective of the employer.

According to this, some theoretical and practical investigations have made and those from the perspective of national evolution of the institution, but also some investigations comparative with other juridical systems from: R.M., F.R., A., etc.

This thesis of investigation has your chapters. The first chapter is named “The notion and the cases of ceasing the contract of work; it approaches the notion and the historical marks of ceasing the contract of work, but it also approaches the ways in which the ceasing of work contract can take place (that means: with the agreement of the sides or to the initiative of one of them).

The second chapter has five sections- and it approaches the dismissal for some reasons caused by the employer, developing the dismissal problem: medical problems; disciplinary problems; prevented arrest, professional problems-and for the fulfillment of pension conditions.

The institution of the dismissal for reasons that belongs to the employer is treated in the third chapter. Here it is treated very clear the individual and the collective dismissal, too.

The fourth chapter-approaches the temporary and the permanent interdictions in which the dismissal can not be ordered. It approaches the new modifications of work legislation, the procedural conditions of the dismissal: the previous investigation, some competent people to order the dismissal, the proposal for the employer to work in other vacant places.

This study allowed us to notice that the actual legislative reglementation has got some gaps and this fact offered us the possibility to formulate nine law ferenda proposal there where we considered.