About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

5 Persp. Bus. L.J. 1 (2016)

handle is hein.journals/perbularna5 and id is 1 raw text is: PATRIMONIAL RESPONSIBILITY OF THE EMPLOYER. CRITERIA FOR EMPLOYEE DISCRIMINATION Lecturer Drago Lucian RADULESCU1 Abstract Labour jurisdiction represents the institution required to apply legal procedures by the means of competent bodies to resolve conflicts among employees and employers concerning the conclusion, performance or termination of employment. The application of labour jurisdiction procedures are related to the special nature of labour relations aimed at protecting the rights and interests of employees. The article details the procedural means to resolve individual labour conflicts in matters related to the compensation of material and moral prejudices of the employer resulted from the infringement of the legal duties of the employer in terms of violating the equal treatment and discrimination principle. There are also detailed the discrimination concept in labour relations, applicable law, legal effects as well as applicable discrimination criteria. Keywords: patrimonial, responsability, contestation, criteria, discrimination. JEL Classification: K31 1. Introduction As concerns the regulations on labour conflict the provisions of Article 267 of Labour Code states the parties involved in labour relations are the employees as owners of rights and obligations of labour relations, as well as the employers2, legal entities benefiting by the paid labour, temporary labour agents, users, and public institutions. At one hand, in order to obtain the status of parties in a labour dispute, the law does not require that the employee and employer to be in a contractual relationship that takes place during the trial of the case; it is also assimilated the situation of former employee and employers conditioned by the existence of previous labour relations. On the other hand, the Code of Civil Procedure attributes the status of parties in the trial not only to the complainant or plaintiff but also to the third parties with procedural interests because under the European Convention on Human Rights3 any person whose rights and freedoms have been violated must provide access to a national court. Functional competence4 of labour conflicts' settlement in accordance with the dispositions of Article 269 of the Labour Code corroborated with Art. 95 of the Code of Civil Procedure belongs to the courts and the material and territorial resolution conclusion, modification, execution, suspension or termination of individual employment contracts belongs to the tribunal in whose jurisdiction the applicant resides or stays; it is also possible the active procedural co-participation5. In the employment relationship, the employee may be subject to different treatment than other people who have a comparable position, based on different criteria of discrimination that have the effect of excluding certain rights or freedoms, which paves the way for work conflict. Specific to the labour jurisdiction is reversing the proof task in labour disputes; the provisions of Article 272 of the Labour Code requires to the employer to submit evidence in defence until the first day of the trial. The existence of acts of discrimination in employment relationships causes the employer's obligation (Decision No. 48/2011 of the Constitutional Court - the employer holder of conclusive evidence) as defendant to prove the non-existence of any acts of discrimination or the lack of infringement of the equal treatment principle. On the other hand, 1 Drago$ Lucian Rddulescu - Petroleum and Gas University of Ploie~ti, dragosradulescuahotmail.com 2 Ticlea Alexandru, Tratat de dreptul muncii, Universul juridic, Bucharest, 2015, p. 1034. 3 ChiritA Radu, Convenlia europeand a drepturilor omului, C.H. Beck, Bucharest, 2008, p.34. 4 Vasile Andreea, Excepidle procesuale, Hamangiu, Bucharest, 2013, p.56. 5 Ticlea Alexandru, op.cit., p. 1048.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most