Problematica determinării cuantumului prejudiciului cauzat salariatului în raporturile de muncă
The particularity of determining the amount of damage caused to the employee in employment relations

Summary/Abstract: Special attention, every time it is requested to repair the damage caused to the employee, should be given to the rules for evaluating its amount, because often in practice the problem is not the employer’s refusal to repair the damage caused to the employee, but regarding its size, the parties calculating its size differently, obviously, each of them sticking to their own interest. Moreover, even the courts do not have a regulated system of values that shows concretely what parameters are to be taken into account when determining the amount of damage to be repaired. In these conditions, the need for the intervention of the doctrine is observed in identifying, interpreting and proposing clear indicators to be used as a basis for quantifying the damage caused to the employee, both in the drafting phase of the legislation in the field, as well as its application in the resolution of concrete cases.

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