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...

We are in the contemporary period when human being creates damages either to properties or to non-property. He would like to give back time and recover the wrong done, but it’s impossible. Thus, the legislature has established the civil sanctions to repair the damages and restore the previous situation without need to search for the impossible. ...