Work Relation v. Duty Relation

The High Court of Cassation and Justice has ruled that the legal relations arising from the management contract concluded between a public institution and the director of this institution have the legal nature of work relationships and cannot be treated as work-related legal relations, as in this case, the person has the function of a civil servant and is also fulfilling a management fuction under art.92 of Law no. 188/1999. Therefore, in case of non-fulfilment of obligations undertaken by the director of the institution, by way of management contract, the jurisdiction lies with the court of administrative disputes. (Decision no. 1668 of 23 March 2012 issued the appeal of Section II of the Civil High Court of Cassation and Justice for compensation for injury)

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Dan Alexandru NEGRU

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