The forestry personnel’s patrimonial liability

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

The patrimonial liability of the forestry security personnel is divisible, being governed by the norms and criteria expressly provided by Art. 255 of the Labour Code. Art. 6 para. (1) of the Government Emergency Ordinance no. 85/2006 expressly refers to chapter III of Title XI of Law no. 53/2003 – Labour Code, which materializes this principle by Art. 255 para. (2), and a provision contained in regulatory document of lower legal force, namely a Government decision, may not derogate, by establishing a different legal system of liability, which has consequences in establishing whether it is imputable to the defendant employees. On the other hand, the forestry, as a legal entity, has a different legal status from that of a simple employer, as the law requires its own specific organization, licensing and functioning obligations, given its public interest nature, deriving from its specific object of activity. Serious structural deficiencies in its organization, as forestry, have determined the occurrence of the damage.