The draft provides for the addition of Article 755(5) of the Code of Civil Procedure, which will include a specific regulation of security in cases for declaring the termination of employment relationship as ineffective or for reinstatement concerning an employee subject to special protection against dismissal (termination of employment relationship with or without notice).

At the request of such employee, the court will grant security consisting in ordering the employer to employ the employee until the final termination of the proceedings.

The basis for granting security is to be only the substantiation of the existence of the claim, and the court will be able to refuse to grant security only if the claim is obviously unfounded.

The draft also modifies Article 477(2) § 2 of the Code of Civil Procedure. If the court finds that the termination of the employment contract was ineffective, the court in the judgment, at the employee's request, will impose an obligation on the employer to employ the employee until the final termination of the proceedings. As the law stands now, the court may impose such an obligation on the employer, but is not obliged to do so.

The draft will now be taken up by the Senate.

The text of the draft is available here >>>