Efectele Deciziei nr. 79 din 11 decembrie 2023 pronunţate de Înalta Curte de Casaţie şi Justiţie - Completul pentru dezlegarea unei chestiuni de drept

Av. drd. Gabriela-Petruţa ŞTIRBU

ABSTRACT

By Decision no. 79 of December 11, 2023, the High Court of Cassation and Justice decided, among other things, that the phrase "harmful conditions" in Government Decision no. 250/1992 and from Law no. 31/1991 does not have an identical content to the same phrase from the framework laws on unitary remuneration of personnel paid from public funds, with the consequence that the issuance of the expert report for the assessment of occupational risks at the workplace carried out in application of GD no. 118/2018 is not sufficient to establish the existence of harmful conditions within the meaning of art. 3 of Law no. 31/1991. But, art. 34 of the Romanian Constitution, in conjunction with art. 41 of the Romanian Constitution, enshrines the employee’s right to social protection measures, respectively, to...