Economic liability of employers

• Author: Diaconu Elena - Suiu Ion - Diaconu Catalin Stefan
• Position: Expert accountant, C.E.C.C.A.R., Rm. Vâlcea - Candidate to Ph.D Ion Suiu - Legal adviser
• Pages: 77-80

ECONOMIC LIABILITY OF EMPLOYERS, IN THE EMPLOYMENT

RELATIONS,

FOR MORAL DAMAGE MADE TO EMPLOYEES

Ph.D Elena Diaconu

Expert accountant, C.E.C.C.A.R., Rm. Vâlcea

diaconuush@yahoo.com

Candidate to Ph.D Ion Şuiu

nelusuiu@yahoo.com

Cătălin Ştefan Diaconu

Legal adviser

Abstract: In the paper work “Economic liability of employers, in the employment relations,

for moral damage made to employees” we expose the main aspects regarding the economic liability

of employers for moral damages made to employees.

The law 237/2007 put an end to doctrinal disputes about the moral prejudice done to

employees, thereby the jurisprudence gained a unitary character.

But problems arise concerning moral damages quantification. The court must consider the

negative consequences suffered by the claimant on the physical and psychological standards, the

importance of harmed values, the extent to which these values have been damaged and the intensity

with which they were perceived, the degree of impairment of his / her family situation, the

professional and social consequences.

Key words: moral damage, the employer, liability heritage.

The liability of employee-employer, employer-employee is done in two-way, thereby, not

only workers respond to the employer assuming that they produce a loss, but the employer is

responsible also towards the employees in such a situation.

Sometimes the employer's liability is specifically provided in the provisions of law, such as:

 the obligation to pay a compensation in case of dismissal cancellation;

 compensation due in the event of criminal innocence of the person suspended from

service/office;

 the obligation to pay a compensation for moral damage;

By the law no. 237/2007 from July 2007 the article 269 paragraph 1 of the Labour Code has

been changed, in the sense that it granted employees also the compensation for moral damage.

Before changing it, the High Court of Cassation and Justice gave a sentence regarding the

pecuniary liability of employers for material damage produced to employees.

Moral damage consists of the harm brought to the human personality: his existence, body

integrity and health, physical or mental sensitivity, his feelings, honesty, honour, professional

reputation, non patrimonial elements entering the contents of copyright or inventor.

From many situations in which employers may be liable for material damage produced, we

remind as significant the following:

 the disciplinary sanctioning;

 the demotion or suspension from office;

 the change in position or movement to another job;

 the wage reduction;

 the promotion refusal.

According to the High Court of Cassation and Justice, in labour disputes, in what concerns the

economic liability of employers, according to article 269 paragraph 1 of the Labour Code, moral

damages may be awarded to employees only if the law, the collective labour agreement or the

individual employment contract contain clauses expressly for this purpose.