26. Răspunderea patrimonială a angajatorului pentru daune morale produse salariatului prin fapte de hărţuire morală la locul de muncă
26. The employer's patrimonial liability for moral damages caused to the employee through acts of moral harassment at the workplace

Summary/Abstract: The employer's patrimonial liability for moral damages caused to the employee by acts of moral harassment at the workplace may be incurred if the following conditions are cumulatively met: the moral damage suffered by the employee, the employer's unlawful act that meets the requirements of moral harassment in the execution of an individual employment contract, the causal relationship between the employer's unlawful act and the moral damage caused to the employee, the employer's fault. If the employee considers himself discriminated against at work, he may address either the National Council for Combating Discrimination to ascertain the existence of acts of moral harassment at the workplace, to order the elimination of their consequences and the restoration of the situation prior to the discrimination, or to the competent court in the matter of labor disputes with a request for the award of compensation and the restoration of the situation prior to the discrimination or the annulment of the situation created by discrimination, according to common law. The final decision of the National Council for Combating Discrimination is an enforceable administrative jurisdictional act, so that the existence of discriminatory acts and the employer's guilt can no longer be questioned in the resolution of the civil action subsequently brought, the common law court in labor disputes will only verify the existence of the damage and the causal link between the acts and the damage. Also, the court must start from those found to be final by the decision of the National Council for Combating Discrimination and in the situation where it was found that none of the acts asserted as discriminatory against the employee exist, so that the examination of the other elements of patrimonial liability becomes unnecessary.

• Details
• Contents