Impactul jurisprudenței Înaltei Curți de Casație și Justiție asupra evoluției dreptului muncii

Rezumat

The Romanian High Court of Cassation and Justice has played in time an important role in the current shape of labour law, in drawing its boundaries and in customising the most important institutions of this branch of law. The Court did it with pragmatism and creativity; more than once its solutions would be taken over even by the law-maker, in time. The High Court has constantly intervened to make the interpretation of often rigid and bureaucratic legislation more flexible, to make it more easily applicable and to adapt it to changes in the social reality it governs.
In this study, we chose several topics in which the contribution of the High Court of Cassation and Justice proved to be significant: concluding the employment contract, the employeeʼs patrimonial liability, ending the employment contract or resolving collective labour disputes. We will thus note that the evolution of labour law has been driven by these decisions, the view of the judges of the Court impacting the way we all relate to the employment contract and to the protection that, traditionally, labour law owes it to the employee.