REPARATION OF THE MORAL PREJUDICES IN ROMANIAN LABOR LAW

Recent decisions issued by national labor Courts contain interesting references to the problem of the moral prejudices’ reparation (especially suffered by the employee). During the application of Romanian Labor Code - Law no. 53/20031, the Courts offered a poor practice regarding the above mentioned...

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Bibliographic Details
Published inLex et scientia Vol. XX; no. 2; pp. 67 - 72
Main Authors Pădurariu, Ioana, Uluitu, Aurelian Gabriel
Format Journal Article
LanguageEnglish
Published Bucharest Nicolae Titulescu University 2013
Universitatea Nicolae Titulescu
Nicolae Titulescu University Editorial House
Subjects
Employees
Employers
Employment discrimination
Evidence
Jurisdiction
Labor contracts
Labor law
Law, Constitution, Jurisprudence
Legislation
Liability
Prejudice
Regulation
Reparations
State court decisions
Trials
court case
evidence
labor law
liability
moral prejudice
labor court
employer
material reparation
employee
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Summary:Recent decisions issued by national labor Courts contain interesting references to the problem of the moral prejudices’ reparation (especially suffered by the employee). During the application of Romanian Labor Code - Law no. 53/20031, the Courts offered a poor practice regarding the above mentioned problem. Usually, the employees’ claims having as object the material reparation of a moral prejudice caused by the employers were rejected. The Courts considered that the claims were not founded, because the employees did not prove the irregularity and / or the existence of a moral prejudice. The present paper is trying to identify the situations (as categories) which confer the employees the right to ask for the moral prejudices’ (material) reparation and the procedural mechanism in order to obtain a favorable solution (especially from the point of view of the necessary evidence).
ISSN:1583-039X
2066-1886