The Effects of Decision no. 79 of December 11, 2023 Pronounced by the High Court of Cassation and Justice-Complete for Resolving a Question of Law Cover Image

Efectele Deciziei nr. 79 din 11 decembrie 2023 pronunțate de Înalta Curte de Casație și Justiție - Completul pentru dezlegarea unei chestiuni de drept
The Effects of Decision no. 79 of December 11, 2023 Pronounced by the High Court of Cassation and Justice-Complete for Resolving a Question of Law

Author(s): Gabriela Petruţa Ştirbu
Subject(s): Labour and Social Security Law
Published by: Universul Juridic
Keywords: Specialist; Working Conditions; Employee Protection; Health Protection; Equality; Non-discrimination;
Summary/Abstract: By Decision no.79 of December 11, 2023, the High Court of Cassation and Justice decided, among other things, that the phrase "harmful conditions" in GD no.250/1992 and from Law no.31/1991 does not have an identical content to the same phrase from the framework laws on unitary remuneration of personnel paid from public funds, with the consequence that the issuance of the expert report for the assessment of occupational risks at the workplace carried out in application of GD no.118/2018 is not sufficient to establish the existence of harmful conditions within the meaning of art.3 of Law no.31/1991. But, art.34 of the Romanian Constitution, in conjunction with art.41 of the Romanian Constitution, enshrines the employee's right to social protection measures, respectively, to health and safety at work. From the economics of the aforementioned decision, it follows that, in order to benefit from additional days of leave, it is necessary that the assessment be made according to Law no.31/1991. But, this assessment is strictly the prerogative of the employer. In this sense, several questions are raised: how are the two articles of the country's fundamental law respected, as a result of the ICCJ decision, respectively, how are the principles of equality and non-discrimination respected within the same professional category, given that some people have their right to additional days of leave/related allowance recognized by final court rulings, before the pronouncement of the decision by the ICCJ?

  • Page Range: 102-116
  • Page Count: 15
  • Publication Year: 2024
  • Language: Romanian