Abstract

Imposing on an employer an obligation to continue employment of a worker until valid termination of proceedings, apart from a catalogue of claims appertaining to a worker in regard to the termination of employment relationship, constitutes one of the symptoms of stability of protection of such a relationship. This institution, rather legislatively poor, raises many doubts, regarding both the proceedings and legally substantive matter, also valid after amending the Code of Civil Procedure. Its main goal is to counter the effects of prolonged lawsuits which undo or weaken material guarantees of this protection.
Based on the complexity of the issue, and the necessity to discuss matters which as yet have not developed a broad judicature, it has been divided into two parts.
In the first part, the author presented the issue regarding the way of securing workers’ claims implemented into the Code of Civil Procedure based on the newly added Article 7555 of the Code of Civil Procedure. In the second part, she analyses solutions in the adopted Article 4772 (2) of the Code of Civil Procedure, acknowledging its direction and legal character. The author also presents various aspects of new regulations and proposes solutions emerging in the context of interpretative problems, before proper judicature appears, especially from the Supreme Court.
The purpose of the article is to analyse the real potential of the institution regulated in Articles 7555 and 4772 (2) of the Code of Civil Procedure, and to identify threats that come with it. Undoubtedly, the adopted solutions sparked a debate not only among the community of workers and employers but also the practitioners, i.e. in the area of applying the law in view of activities that drift towards a certain limitation of jurisdiction of labour courts.