EXCLUSIVE: Romanian Employees May Claim Moral Damages Only If Clearly Stipulated In Work Contract

Romanian employees whose employers cause them material harm at work or during activities related to their jobs are eligible for moral damages only if such damages are stipulated in the collective labor contract, according to a decision of Romania’s High Court of Cassation and Justice.

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The decision was issued following an appeal in the interest of the law of Romania’s Prosecutor General regarding the implementation of the article 269, section 1, of the Labor Code.

The mentioned article stipulates that the employers are compelled by law to pay damages to the employees, should the latter suffer material or moral harm from the employers at work or during activities related to work.

Romanian courts gave different interpretation to the article. Thus, some courts found admissible granting moral damages in case of work litigations, while other believed moral damages can only be granted if collective or individual labor contracts include clear stipulations in the matter.

The High Court of Cassation and Justice agreed with the latter.

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