Daniel Cirstea, Partner at Dragne & Asociatii, was quoted in a January 26 story published by realitatea.net titled “What to do if you quit your job and the new employer declines the job offer”. The article considers an interesting problem that the employees may face when looking to change their job. In the article, Cirstea explains that future employer has the obligation to inform the person that it has selected for the job on certain essential matters such as the term of the contract, the nature of the work, the place of the work, salary, etc. He adds that ” this obligation is deemed fulfilled upon the execution of the labor contract. In case the future employer fails to comply with this obligation the person selected for the job may ask damages from the employer in court but he or she will need to prove that such failure caused him or her a prejudice.” He adds that same arguments may apply also in case the employer refuses to sign the labor contract.
As for the relation with the current employer, Daniel Cirstea notes that there were cases in which the courts considered that the decision of the employer to quit the job is irrevocable as well as cases in which it was deemed that the withdrawal of the resignation is possible provided that the employer tacitly or expressly agrees with this.Download [PDF, 336KB]