Câteva aspecte privind prejudiciul în dreptul muncii

Av. dr. Mădălina Ani Iordache

Cadru didactic asociat la Facultatea de Drept a Universităţii Bucureşti

Avocat Co-Managing Partner în cadrul SCA. Ciulei, Iordache, Morozov

Some aspects regarding damage in employment law

Abstract

Without claiming to be an exhaustive analysis, this paper aims to present and analyze the concept of damage, through juxtaposition, from the perspective of employment law and civil law.

In employment law, damage must be circumscribed by the limitations established by the Labor Code, both regarding its assessment and regarding the possibility or impossibility of negotiating certain clauses that are regulated in civil law. In this regard, as an example, we show that in employment law, the parties to an individual employment contract cannot negotiate a penalty clause through which they establish ab initio a value of the damage, unlike civil law regulations.

Keywords: damage, damage assessment, clauses regarding damage and...