Aspecte privind obligația de fidelitate a salariaților
Aspects regarding the Employees’ Duty of Fidelity

Summary/Abstract: The paper includes a series of assessments regarding the current regulation of the fidelity obligation, with special regard to its component consisting of the non-competition obligation. The analysis starts from the finding that, among the disciplinary violations, the breach of the fidelity obligation presents some peculiarities, which are not sufficiently reflected in the current Romanian labor law. The reality is that identifying such an infringement is difficult, and then even more difficult is the sanctioning of the employee and, even more, obtaining compensation. The law makes no distinction between employees with executive functions and those with management positions, or between employees in the commercial sphere and those in state institutions or in the non-profit sector. Employees in the probationary period do not enjoy any nuance of the fidelity obligation and no differentiations between full-time and part-time employees are foreseen. The whistleblowers are the only exceptions, although not by a general law, which would cover all employees, but only by special rules that target civil servants and budget employees. As a result, some de lege ferenda proposals are formulated in order to introduce distinctions and nuances within the present regulation.

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