- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 253. [employer liability; right of recourse]
(1) An employer shall, on the basis of the rules and principles of contractual civil liability, compensate the employee in case he/she suffered a material damage as a result of employer’s fault, during the course of the job or other tasks related to the job. (2) Should the employer refuse to compensate the employee, the latter may file an action with the competent courts. (3) An employer having paid the compensation shall recover the corresponding amount from the employee liable for the damage, under the conditions of Article 270 and subsequent Articles.
Art. 254. [employee liability]
(1) The employees shall be liable, on the basis of the rules and principles of contractual civil liability, for the material damages caused to the employer as a result of their fault and related to their work. (2) The employees shall not be liable for damages due to acts of God or other causes that could not be prevented and eliminated, or damages within the normal risk of the job.
Art. 255. [shared employee liability]
(1) Should the damages be due to several employees, the liability of each of them shall be established in proportion to their contribution to their occurrence. (2) If the contribution to the damages cannot be assessed, the liability of each employee shall be established in proportion to their net wage at the date when the damage was reported and, when appropriate, according to the time actually worked from their last inventory.
Art. 256. [returning undue amounts and goods]
(1) An employee having received undue amounts from the employer shall return them. (2) Should an employee receive undue goods that cannot be returned in kind or be provided with services not entitled to, he/she shall bear their equivalent value. The equivalent value of the goods or services concerned shall be established according to their value at the date of payment.
Art. 257. [wage withholdings]
(1) The amount set to cover the damages shall be retained in monthly instalments from the wage due to the person concerned, by the employer where he/she is employed. (2) The instalments may not be larger than one third of the net monthly wage, without exceeding, together with other amounts retained from the person concerned, half of the net wage.
Art. 258. [withholdings after work contract cessation]
(1) Should the individual employment contract cease before the employee compensate the employer, and the concerned person joins another employer or becomes a civil servant, the withholdings from the wage shall be made by the new employer or institution or public authority, as appropriate, on the basis of the enforcement order submitted for this purpose by the injured employer. (2) Should the person concerned fail to join another employer, on the basis of an individual employment contract or as a civil servant, the damage shall be covered by legal proceedings against his/her goods, under the terms of the Code of Civil Procedure.
Art. 259. [enforcement under ordinary law]
If the damage cannot be covered by monthly withholdings from the wage within maximum 3 years from the date of the first instalment of withholdings, the employer may appeal to the bailiff under the terms of the Code of Civil Procedure.
Art. 260. [contraventions: list, establishment, punishment]
(1) The following shall constitute contravention and shall be subject to the following penalties: a) breach of the provisions regarding the guaranteed payment of the national minimum gross product, with a fine from Lei 300 to Lei 2,000; b) infringement by the employer of the provisions of Article 34 (5), with a fine from Lei 300 Lei to Lei 1,000; c) hindering or forcing, by threat or violence, an employee or a group of employees to participate to a strike or work during a strike, with a fine from Lei 1,500 to Lei 3,000; d) inclusion of clauses contrary to the legal provisions in the individual employment contract, with a fine from Lei 2,000 to Lei 5,000; e) employment of persons without an individual employment contract, according to Article 16 (1), with a fine from Lei 1,500 to Lei 2,000 for each identified person, without exceeding a total amount of Lei 100,000; f) infringement by the employer of the provisions of Articles 134 and 137, with a fine from Lei 5,000 to Lei 10,000; g) infringement of the obligation provided for in Article 135, with a fine from Lei 5,000 to Lei 20,000; h) infringement of the provisions regarding overtime, with a fine from Lei 1,500 to Lei 3,000; i) infringement of the legal provisions regarding the weekly rest period, with a fine from Lei 1,500 to Lei 3,000; j) failure to provide the benefit provided for in Article 53 (1), when the employer temporarily suspends its activities, while maintaining the employment relationships, with a fine from Lei 1,500 to Lei 5,000; k) infringement of legal provisions concerning night work, with a fine from Lei 1,500 to Lei 3,000. (2) The contraventions shall be assessed by labour inspectors, who shall apply the penalties. (3) The provisions of the legislation in force shall apply to the contraventions provided for in paragraph (1).
Art. 261. [non-enforcement of wage payment]
The failure to enforce a final judgment regarding the payment of the wages within 15 days from the date of the enforcement demand submitted to the employer by the interested party shall be a criminal offence and shall be punished with a prison term from three to six months or a fine.
Art. 262. [non-enforcement of reinstatement]
The non-enforcement of a final judgment regarding the reinstatement of an employee shall be a criminal offence punishable with a prison term from six months to one year or a fine.
Art. 263. [beginning of criminal investigation and reconciliation]
(1) As regards the criminal offences provided for in Articles 277 and 278, the criminal investigation shall be launched at the complaint of the harmed person. (2) The reconciliation of the parties shall remove the criminal liability. |
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