Răspunderea angajatorului pentru concedierea ilegală a salariatului: fundamente juridice și practici aplicate [Articol]

Abstract

Safeguarding employees’ rights in the context of labor relations is a key purpose of labor law, designed to ensure a just equilibrium between the interests of employers and those of employees. Given the inherent imbalance of power in employment relationships, the employee is typically considered the more vulnerable party. A critical area of concern is the employer’s accountability in cases of unlawful dismissal, which can severely impact the employee’s livelihood and well-being. Under Article 90 of the Labor Code of the Republic of Moldova, employers are required to provide compensation for wrongful termination, including payment for lost wages, legal costs, and moral damages. This paper aims to explore the appropriate application of Article 90 by judicial authorities, especially following recent legislative changes that cap the compensation period. The analysis highlights the necessity of coherent case law and effective legal protections to uphold the rights of employees who have been unjustly dismissed.