The action filed by the Administrative-Territorial Unit (ATU) against the former president of the County Council to recover the damage suffered as a result of the fact that the defendant, in fulfilling his legal obligations, did not recover this damage

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

The damage suffered by the ATU is requested from the defendant, who did not issue in due course imputation decisions for the recovery of the damage from the guilty persons. The appeal raises the issue only of the applicable limitation period, Article 211 letter c of Law no. 62/2011 and Article 268 letter c) of the Labor Code. The limitation period of 3 years runs from the date of occurrence of the damage, respectively from the date of expiration of 
the 30 days in which the defendant had to issue the imputation decisions, and not from the date of communication of the report of the Court of Accounts. Article 211 letter c of Law No 62/2011 refers to the damage occurrence date, not to the damage finding date. The damage occurrence date is the date when the 30 days in which the defendant must issue the imputation decisions for the recovery of the damage have expired.