Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

Authors:

Pages: 245-250
DOI: https://doi.org/10.54664/RTEQ6268

Abstract:

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

Keywords:

labour contract for learning at work, Labour Code, facultas alternativa, employer, employee, dismissal with monetary consideration, compensation, unlawful non-admission to work, unlawful suspension from work.

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