The High Court of Cassation and Justice’s preliminary decision of 07.11.2016 regarding the interpretation of the provisions of Article 16 para. (1) and Article 57 paragraph (5) and (6) of the Labor was published on 10.02.2017.
The High Court of Cassation and Justice ruled that an individual who actually performed the work for the benefit and under the authority of the other party (i.e. the employer) may file an action in court for the acknowledgment of the labor relationship, even if such relationship has ceased prior to the individual seizing the courts of law and no employment contract has been signed.
It was argued that such action is admissible because there is no other legal path in order to recognize the effects of a null labor agreement (since it is not concluded in writing), until such agreement is acknowledged as null, and this would render inapplicable the provisions of article 35 of the Civil Procedure Code.