The status of employed of an offender - Condition to attract patrimonial liability

• Author: Radu-Gheorghe Florian
• Position: Faculty of Law and Economics, Law Department, AGORA University Oradea
• Pages: 34-38

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2015), pp. 34-38

34

THE STATUS OF EMPLOYED OF AN OFFENDER – CONDITION TO ATTRACT

PATRIMONIAL LIABILITY

R.G. Florian

Radu-Gheorghe Florian

Faculty of Law and Economics, Law Department,

AGORA University Oradea,

*Correspondence: Radu-Gheorghe Florian, AGORA University Oradea,

8, Piața Tineretului St., Oradea, Romania

e-mail: raduflorian@rdslink.ro

Abstract:

Financial liability of the employee is a variety of contractual liability arising from

specific features of legal work. This study aims to analyze the concrete situations in which the

patrimony can be held liable to the employee, given the diversity of employment situations in

which an employee may be engaged.

Key-words: patrimonial liability, employee, labor relations, civil servant, military,

administrator-employee.

Introduction

According to art. 254 paragraph 1 from Romanian Labor Code, employees have

patrimonial liability, under the rules and principles of contractual liability for material

damages caused to the employer by fault and in connection with their work.

By the definition of patrimonial liability from the content of art. 254 paragraph 1 of

Labor Code, results that the essential precondition for economic liability is determined by the

employee status of the offender that produces an injury to his employer.

Incidence of patrimonial liability does not raise special problems in the case of legal

employment relationship, in its complete and typical form, generated by the individual labor

contract.1

Particular cases in which the employee is responsible

Special situations arise in relation to liability of the guilty when the employer operates

in the context of incomplete work relations (eg, personnel that, as provided by law, provide

paid work time to other units, doctors from clinics, associated teachers, lecturers and

consultants, external scientific staff, pupils and students during practice in production).

Generally accepted solution for these cases is the application of common law rules of

liability for the damages caused by the persons mentioned.

From that rule exists, however, some exceptions; thus, there are certain categories of

persons who, although not an employee, are under the patrimonial liability, however, under

art. 254 paragraph 1 from Labor Code.

Such category of people is met if the damage was discovered after the termination of

the individual employment contract, ie after termination of the status of employee within the

injured unit. In such a case, the damage recovery is still in the patrimonial liability, regardless

of whether the person has gone to another job or not.2

In the same category of exception from the status of employee of the individual

responsible for patrimonial liability are also provisions of art. 3 Government Ordinance no.

1 A. Ţiclea – Tratat de dreptul muncii, 7thEdition, Universul Juridic., Publishing House, 2014, p. 895.

2 Ibidem