Reparaţia prejudiciului material şi moral în cazul concedierii nelegale, dispusă în baza dispoziţiilor art. 65 C. mun. Criterii de cuantificare a daunelor materiale şi morale

The Repair of Material and Moral Damage in the Case of Unlawful Dismissal, Ordered Based on the Provisions of Article 65 of the Labor Code. Criteria for Quantifying Material and Moral Damages

Abstract

Unlike the material compensation provided by Article 80, para. (1) of the Labor Code, the quantification of moral damage is not subject to legal criteria for determination, as there is no universally accepted unit of measure to assess the degree of harm to a worker's dignity. Therefore, it is the role of the court to conduct a detailed analysis of the acts/facts that undermined the employee's dignity and caused the moral damage, taking into account the victim's personality, their suffering, and the circumstances that reasonably affected their private and professional life.

When discussing the moral damage caused to the...