11. Daune morale. Prescripţia dreptului material la acţiune. Evaluarea despăgubirilor
11. Moral damages. Prescription of the material right to act. Valuation of compensation

Summary/Abstract: The 30-day term stipulated in art. 268 para (1) letter a) of the labor Code clearly concerns the labor contract, while in this case, the subject of the petition is the payment of compensation claimed by the employee in repair of the moral prejudice, which is why the provisions in art. 268 para (1) letter c) of the labor Code apply. The extent of the non-material prejudice has to be assessed differently from the material one, because the remedy of moral prejudice is and should be understood from a wider perspective, not as material compensation, which actually is not physically possible, but as a combination of non-material and material measures having as purpose, depending on the peculiarities of the situation, to provide moral satisfaction, with reparatory effects, for the infringement of non-material values and rights.

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