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Cancellation of the secondment decision. Reasons for refusi



The employee’s place of work may be changed unilaterally by the employer by delegating or posting the employee to another job than the one provided in the individual employment contract.

According to the Labor Code, secondment is the act by which the temporary change of the job is ordered, from the employer’s disposition, to another employer, in order to execute some works in his interest. Exceptionally, secondment may change the type of work, but only with the written consent of the employee.

The secondment may be ordered for a maximum period of one year, and exceptionally, the secondment period may be extended for objective reasons requiring the employee’s presence at the employer to whom the secondment was ordered, with the agreement of both parties, every 6 months.

The employee has the right to refuse the secondment ordered by his employer only exceptionally and for good personal reasons.

In the case of formulating an appeal against the secondment decision, it is analyzed in all aspects, both in terms of the form of the secondment decision and in terms of compliance with the conditions provided by law to order the secondment by the employer, respectively to refuse secondment, by the employee.

For example, the secondment decision can be annulled if the court finds that the deed is not signed by the company’s administrator or by another authorized person, the signing of the decision representing a minimum formal condition.

In another situation, it was considered a good reason for the refusal to detach the withholding, by the employer, of the health contributions and their non-transfer to the special budget established in this respect, especially since the employer did not provide evidence that the situation to be remedied immediately.

At the same time, the lack of prior information of the employee regarding the secondment is a good reason to order the annulment of the secondment decision.

The secondment decision is illegal even if the employer, when issuing the secondment decision, did not consider a temporary change of the individual employment contract, but a final one, did not provide the deadline for the secondment and the reasons why detachment may be required.

For the secondment of the employee, for the sake of harassment, the courts may award to the contesting employees, upon request, also moral damages, respectively moral compensations for the damage suffered.