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

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.