The article analyzes the problem of the penalty clause in individual employment contracts, considering the specificity of the employment relations and the way of regulating the patrimonial liability of the employee in the Labour Code. The analysis contains the relevant judgments of the Constitutional Court and the High Court of Cassation and Justice in the field.

This article clarifies some legal aspects regarding the legality of incorporating the penalty clause in the individual employment contract by the employer. According to the author, the civil law regarding the penalty clause is not applicable – for the most part – to labor relations, as it contravenes the specificity of this category of relationships. However, there are also exceptional situations in which the application...