Also, “the lack of mentioning in the decision to dismiss of the mention regarding the duration of the notice given to the employee is not sanctioned by nullity of the decision and the measure of dismissal when the employer proves that he gave notice to the employee with the minimum duration provided by art. 75 paragraph (1) of the Labor Code or with the duration stipulated in the collective or individual contracts of employment, in the event that it is more favorable to the employee. “
“Thus, according to art. 75 paragraph (1) of the Labor Code, republished, “Persons dismissed under art. 61 lit. c) and d) of art. 65 and 66 shall have the right to notice not less than 20 working days “and the provisions of art. 78 of the same code sanction by absolute nullity the dismissal with breach of the procedure regulated by law.
Based on semantic interpretation of the notion of “procedure“, it aims “all acts and forms completed in the work of a body of jurisdiction, of enforcement or other government body”. The notice is a prior notice of the employee on termination of employment; therefore, it is a formality granting circumscribed above mentioned categories that must be met to ensure the validity of the dismissal measure.
The fact that complying with that formality is placed in a stage preceding the final moment of dismissal does not change the nature of the act respectively of procedure act, decisive for the legality of the dismissal.
The notice is a guarantee of the right to work and of stability in work, since during the notice period, the rights and obligations of the parties of the individual labor contract remain unchanged.
Therefore, the right to notice is designed as a tool for defense against the negative effects of employee termination contract or work, being included in the “right to protection in case of dismissal”, regulated as such in the provisions of art. 39 paragraph (1) j) of the Labor Code, republished. Employees subject to dismissal procedure cannot give up the right to notice in the event that, by law, is entitled to be granted, nor by unilaterally act nor by agreement with the employer, otherwise being violated the provisions of Art. 38 of the Labor Code, republished. According to the text of the law, “Employees cannot waive their rights recognized by law. Any transaction which aims to giving up the rights recognized by law to employees or limit such rights is null and void “.