Specificity of the Patrimonial Liability in Labor Law, as a Form of the Civil Legal Liability

Abstract

Increasingly common in labor law disputes, the petitions regarding the award of non-material damages to applicant are subject to judicial review they are working to ensure full compensation in case of illegal conduct also in labor law. Despite the fact that the labor law does not protect and does not have as its object the non-patrimonial aspects of the parties, as repercussions on the injured person, the full reparation is ensured by repairing the moral suffering that is generated by the illegality, including with regard to the employment relationship. All the more we could say that the repair can also have a moral side in the conditions in which the parts of the employment relationship, especially the employee, invest his knowledge, time, and skills, elements related to his personality and attitude. The analysis proposed by that article seeks precisely to justify non-material damages, on the principles of tortious liability, in the context of contractual liability such as that in employment relationships, including the fact that it is possible to engage the employee's moral responsibility towards an individual employer.