CONSIDERAȚII PRIVIND ACORDAREA DE DAUNE MORALE ÎN LITIGIILE DE MUNCĂ
CONSIDERATIONS REGARDING THE GRANTING OF MORAL DAMAGES IN LABOR DISPUTES

Summary/Abstract: It is indisputable that in disputes arising in employment relationships the nonpecuniary damage suffered by the employee may be the subject of compensation. As in common law, prejudices that alter health and physical image affect some of the prerogatives that constitute the attribute of human personality - the right to health, physical and mental integrity (art. 58 NCC) as components of the right to life protected by the European Convention of Human Rights and must be repaired. The nature of suffering must be viewed in connection with the individual characteristics of the injured person, moral (mental) suffering being fear, pain, shame, sadness, anxiety, humiliation and other negative emotions. As regards the method of calculation, the amount of possible damages awarded, neither the Romanian legal system nor the Community rules provide for a concrete way of assessing non-pecuniary damage, and this principle of full reparation for such damage can have only estimative character, fact that can be explained in relation to the non-economic nature of the respective damages, impossible to be equivalent in money. Therefore, what must be concretely assessed is not the damage as such, but only the compensation that comes to compensate this damage and to bring that moral satisfaction to the injured party. The specificity of the analyzed situation is not so much the way of assessing and quantifying the moral damages, as the concrete circumstance that generated the violations of the non-patrimonial personal values, which must have their origin in an employment relationship, ie in the execution of an individual employment contract.

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