Inclusion of suspended employment contracts in the "without individual employment contract" requirement of Labor Code Art. 260(1)(e)

The High Court of Cassation and Justice, sitting as the Complete Court for Resolving Legal Issues, admitted a referral from the Galați Court of Appeal and established binding precedent that the phrase "without the conclusion of an individual employment contract" under Article 260(1)(e) of the Labor Code includes situations where an individual employment contract is suspended. This decision resolved a preliminary question in a labor dispute concerning the validity of a work schedule issued without a formal employment contract, clarifying that suspension does not equate to the absence of a concluded contract for the purposes of the cited statutory provision. The ruling is mandatory for all courts under Article 521(3) of the Code of Civil Procedure, providing the decisive legal basis for interpreting the scope of "no contract" in the context of labor regulation and administrative-contested matters involving employment status.