Procedural aspects of patrimonial liability in Romanian labour law

Author:Radu Stefan Patru
Position:Law Department, Bucharest University of Economic Studies, Romania
Pages:536-540
SUMMARY

In this study, the procedural aspects regarding the way of applying the patrimonial liability to labour law will be analysed. The non-regulation of a procedure in this matter by the legislator represents a legislative lacuna that can be corrected either by de lege ferenda by amending the Labour Code, or by the social partners according to the legal provisions in the matter. In this study,... (see full summary)

 
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Procedural aspects of patrimonial liability in Romanian labour law
Assistant professor Radu Ştefan PĂTRU1
Abstract
In this study, the procedural aspects regarding the way of applying the
patrimonial liability to labour law will be analysed. The non-regulation of a procedure in
this matter by the legislator represents a legislative lacuna that can be corrected either by
de lege ferenda by amending the Labour Code, or by the social partners according to the
legal provisions in the matter. In this study, solutions in this regard will be presented.
Keywords: patrimonial liability, labour law, procedural aspects, de lege ferenda
proposals.
JEL Classification: K31
1. Brief introduction
Patrimonial liability is an important component of legal liability under
labour law2.
Regulated by art. 253-259 of the Labour Code, the patrimonial liability
includes aspects related to both the employee’s liability and the employer’s
liability.
Regarding the main aspect of patrimonial liability, respectively the position
of the employee before the employer, art. 254 para. (1) of the Labour Code
establishes that employees are held liable by way of patrimony in accordance with
the rules and principles of contractual civil liability for material damage to the
employer by fault of and in connection with their work.
Therefore, the patrimonial liability in labour law is based on the norms and
principles of contractual civil liability, having the specificities of labour law.
We define employees’ patrimonial liability as a form of contractual civil
liability, with specific labour law elements, whereby employees are required to
remedy the damages drawn by fault on employers in connection with the execution
of the employment contract3.
1 Radu Ştefan P ătru - Law Department, Bucharest University of Economic Studies, Romania,
radupatru2007@ yahoo.com.
2 For patrimonial liability, see Al. Țiclea, Tratat de dreptul muncii Legislație. Doctrină.
Jurisprudență, 10th edition, updated, Universul Juridic Publishing House, Bucharest, 2016,
p. 913-960, I. T. Ștefănes cu (coordinator), Codul muncii și Legea Dialogului Social. Comentarii și
explicații, Universul Juridic Publishing House, Bucharest, 2017, pp. 484-490.
3 Al. Țiclea, Tratat de dreptul muncii… op. cit. p. 914.

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