SUMMARY OF EMPLOYMENT LAW Romania (November 2013)

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REULAT!ON OF T"E EMPLOYMENT
RELAT!ONS"!P
Labour law concerns subordinate work, regulating the situation of the person who
works in favor and under the authority of another, in exchange of a salary. In the
same time, its object is not limited only by the actual employment relationships, but
also refers to other legally related relations . For example, prefessional training,
social dialogue, health and security at work or labour jurisdiction. lso, labour law
does not consider the personal work, such as the household, nor the independent
work or freelancers. !y special acts there is covered a range of professions and
independent activities such as the lawyer profession, the auditor, architect,
mediator, accountant, etc.
"he main provisions regarding employment are set out in the Labor #ode, in force
since $arch 1st %&&'. lthough the (omanian Labour #ode is relatively recent, it
was amended and consolidated several times so far, both because of the dynamics
of labour law and also by the need to harmoni)e the national Law with the *+
,irectives. "he most significant change occurred in %&11."he Labour #ode is
applicable to all employment relationships within the territory of (omania or if a
(omanian citi)en is employed outside of (omania for a temporary period.
"he own, fundamental and characteristic feature of any employment relationship is
the relationship of subordination. !ut not as forced labour, as both the (omanian
#onstitution and the Labor #ode prohibits this. "he conse-uence of subordination
lies in the fact that the employers determine the program and the work of the staff,
having the right to give general or detailed instructions on how to perform tasks.
nother conse-uence of subordination is manifested through the employee.s
obligation to observe labour discipline, otherwise being subject to disciplinary
liability. Legal subordination is also defining in order to classify a relationship as
being civil or employment relationship. It is possible for some activities to be
performed under a civil service contract, but while under the labour contract the
business risk is beared by the employer, under the civil contract the risk is beared
by the debtor of the claim that cannot be executed. In other words, the employer is
always obliged to pay the employee regardless of the outcome of its activities.
"he labour must be remunerated. free labour cannot be the object of a legal
relationship work.
s a rule, employment relationship is established only between a legal entity and a
natural person or, exceptionally, only between two individuals, but never between
two legal entities, because the person who performs a work can be, by definition,
only an individual.
*mployment relationship is personal, being concluded under the consideration of of
the training, skills and abilities of the person performing the work, but also by
considering the specifics of the other party, given the team, the climate and the
working conditions offered by it. "hat is why, in the case of a civil enterprise
contract, the contractor may partly contract a subcontractor to do its work, while the
employee must always fulfill his obligations personally.
SUMMARY OF EMPLOYMENT LAW Romania (November 2013)
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