Abstract

The article provides a solution to some legal issues, related to the employer's obligation to hand over immediately the duly filled out labour book to the employee upon termination of the employment relationship, respectively to the consequences of the non-fulfilment of this obligation, namely the incurring of the employer's financial liability. On the above-mentioned issues, contradictory practice of the Supreme Court of Cassation was noted, because of which the Interpretative Case No. 1/2019 of the General Assembly of the Civil College was started. The many specific issues raised by the contradictory case-law are limited to the question whether the employer's obligation under Art. 350, para. 1 of the Labour Code in all cases arises and becomes exigible at the time of the termination of the employment relationship, or several hypotheses should be distinguished, in at least one of which the emergence of the discussedobligation is not by virtue of the law, but for this purpose the execution of certain actions by the employee is required. The solution to these legal issues leads to the answers to the second group of questions, related to the occurrence of the employer's obligation to pay compensation to the employee due to the illegal retention of his labour book.