Irrelevance of the laws on legal suspension of the enforcement and the payment scheduling of the amounts provisioned by court orders having as object compensations resulted subsequent to illegal dismissal

Abstract

The purpose of this article is to set out the way enforcement of court orders is taking place with regard to compensation resulting from illegal dismissal and the granting of salary entitlements established in favour of staff in the budgetary sector, which have become enforceable.

The courts, in so far as they consider that an unlawful decision to terminate the individual employment contract has taken place, shall give judgment in admitting the civil action brought by the applicant against the defendant, institution or public authority, ordering the annulment of the termination decision of the individual employment contract issued by the defendant, and, in relation to the provisions of art. 80 of the Romanian Labour Code provides for the reinstatement in the position held before the issuance of the said decision and obliges the defendant to pay compensation equal to the indexed, increased and updated salaries, starting with the date of the decision to terminate the individual employment contract issued by the defendant and until effective reinstatement. Subsequently, the creditors address the bailiff requesting the enforcement, against the debtor, of the full amount established by the court order - enforceable title and the debtors, institutions and public authorities usually file an appeal against enforcement, invoking as main argument of such appeal against enforcement the incidence of the norms that stipulate that the salary rights that are subject to enforcement are paid in instalments.

The incidence of the laws stipulating the payment scheduling of the amounts provided by court orders in favour of the personnel from the public institutions and authorities in case of the compensations granted according to art. 80 Romanian C.m., in case of illegal dismissal, is excluded.

The legal nature of the rights earned by creditors through enforceable titles does not represent salary rights but compensatory damages for the illegal termination of employment.

In conclusion, the pieces of legislation that establish the scheduled payment of salary rights established in favour of staff in public institutions and authorities and that suspend the execution of court orders are not applicable in the case of rights earned by staff in public institutions and authorities by enforceable titles representing compensatory damages for the illegal termination of employment, in these cases the amounts due to creditors will be paid in full.