The employer’s entitlement to recovery of sums obtained by an employee employed on the basis of a void diploma

A new legislative proposal recently presented to the Senate enables employers to recover the sums obtained by their employees in the event of the annulment or revocation of their diploma or certificate of study, if, in their absence, the employees did not have the required level of education when the individual employment agreement was concluded or during its performance.

In this regard, the proposal to amend the Labor Code provides for the recovery of the amounts both in the event that the diploma/certificate of study led to the employee’s employment relation and to the granting of salary bonuses specific to the position held.

The legislative proposal also provides for amendments to the Civil Procedure Code in order to ensure that employers are notified of decisions abolishing or annulling employees’ diplomas or certificates of studies. Thus, recovery will be possible within 12 months from the date the court decision is served.

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