Employers can be sued for groundless hire refusal

Employers can be sued if they refuse to hire a person without any grounds. According to the General State Labor inspector, Dumitru Stavila, if a person with adequate qualifications wishes to be employed by a company with an available job position, the employer must motivate his denial in writing. Furthermore, according to the 47th Work Code article, the potential employee can sue the employer based on this motivation letter. Stavila also believes that several companies disobey the Labor Code, and especially the required individual employment contract. He claims that there have been precedents of employees without official labor contract. During this year the Labor Inspection alone received 1300 complaints that contain this violation, and therefore point out illegal labor force. According to Stavila, the inspections done in companies by the labor inspectors regarding the Labor Code and the protection means compliance can be later used by both employer and employee in court.

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