Noutăţi privind răspunderea patrimonială a salariaţilor

Lector univ. dr. Monica GHEORGHE

Facultatea de Drept, Universitatea "Lucian Blaga" din Sibiu

Abstract

The law No. 40/2011 completing and amending law No. 53/2003 - Labor Code, has brought only one amendment in the field of pecuniary liability, which consists of the new two paragraphs 3 and 4 of Article 254 of Labor Code. This amendment regards the possibility of establishment and recovery of the pecuniary prejudice caused to the employer by the employee by means of the written agreement of the parties. Thus, if the employer finds that the employee has caused him a pecuniary prejudice, he can ask the latter through a damage assessment note for the recovery of its value by means of a mutual agreement. The legislator has settled two conditions that have to be fulfilled, namely: the damage value cannot be greater than the equivalent of five minimum salaries, this being the maximum applicable and period in which the prejudice can be...