Consideratii privind admisibilitatea cererii reconventionale formulate împotriva contestatiei deciziei de imputare emise de angajator
Considerations on the admissibility of the counter-claim

Summary/Abstract: At the present time, the pecuniary liability of employees may only be engaged in accordance with the provisions of Article 269-275 of Labor code. There is no longer possible to issue a decision of imputation in what the employees are concerned. The counter-claim is being used in the pecuniary actions on a regular basis. By means of the counter-claim, the defendant pursues a legal compensation between the plaintiff’s claims and his own. The admissibility of the counter-claim within labor disputes is subject to the same rules regarding any claim brought before a court of justice, as well as the following conditions: the existence of a main claim before a court, to embody all the elements of a writ of summons and to be connected to the plaintiff’s claim. Generally, the counter-claim is regulated by Article 119 Civil procedure code, and is admissible within individual labor disputes and collective rights disputes if it is connected to the main claim, the claims not being limited to pecuniary rights only. In what the labor law is concerned, the connection between the two claims results from the mutual source of the legal labor relationship, namely the individual or collective labor agreement.

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