Revocation of the director’s mandate. Labour rights vs. damages

The High Court of Cassation and Justice ruled that Law no. 31/ 1990 regularizes a “ad nutum” revocation of the mandate given to the directors of the joint-stock companies, these ones couldn’t ask for their reinstatement, but only for damages, if the revocation was without just cause. In the particular case, the High Court said that the plaintiff appealed the decision and asked for the labour rights starting from the revocation’s date, without having made a claim through which he has asked for damages according to the Article 1431 of Law no. 31/1990, so the court can not analyze if the plaintiff is or not entitled to damages, as a result of the rescission of job. ( Decision no. 535 from 13th of February 2014 ruled by the Second Civil Section of the High Court of Cassation and Justice having as object contestation of the decision of job’s rescission, reinstatement and labour rights)

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Raluca-Andreea TRÎNCĂ-GĂVAN

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