Consideraţii asupra răspunderii patrimoniale a salariaţilor în temeiul art. 253 alin. (3) din Codul muncii

dr. h.c. ALEXANDRU ŢICLEA*

^* e-mail: alexandru_ticlea@yahoo.com

Prof. univ. - Şcoala Doctorală de Drept, Academia de Politie "Alexandru Ioan Cuza"

ABSTRACT

In this study, the author, starting with a specific case, refers to the patrimonial liability of the employees grounded on Article 253 (3) of the Labour Code.

The text takes over from the common law the so-called action for regress of the principal for the act of the agent, provided by Article 1384 of the Civil Code. However, this action is possible only if the agent (the summoned employee) is liable for the prejudice, and not in the assumption that other persons or the principal himself (the employer) is guilty for causing the prejudice.

At the same time, the elements of the contractual civil liability of the employees, consisting in the illicit act, causing damage to the employer’s patrimony, the causal link between the illicit act...