Challenges of the Knowledge Society (Jun 2023)
CONSIDERATIONS REGARDING CLASSIFICATION AS JOBS PERFORMED IN SPECIAL WORKING CONDITIONS OF THE JOBS CARRIED OUT BY THE STAFF OF THE ANATOMIC PATHOLOGY AND FORENSIC DEPARTMENTS WITHIN LEGAL MEDICINE INSTITUTIONS
Abstract
This paper focuses on issues dealing with inclusion under the difficult working conditions regime of the jobs carried out by the staff of the Anatomic Pathology and Forensic Departments within legal medicine institutions, following adjudication as unconstitutional of the legislative solution referred to in art. 22 of Law no. 104/2003 on the handling of human corpses and the harvesting of organs and tissues from corpses for transplantation purposes, republished, under CCR dec. no. 53/2020. Analyzing the tortuous evolution of the laws and regulations applicable in the matter under consideration, this paper seeks to clarify the issue of bringing under the difficult working conditions regime the jobs done by the personnel working in the anatomical pathology and forensic departments of the legal medicine institutions, in comparison with the personnel carrying out identical jobs within hospitals and with the staff of the Cellular Biology, Anatomy, Histology and Pathological Anatomy departments within universities. We do not intend to cover all of the topics that make up this overarching theme, but to simply focus on the current legal status of the staff who work in the anatomic pathology and forensic departments of the legal medicine institutions, highlighting, at the same time, the legislative shortcomings of the Romanian medical system. We then conclude this paper with a few considerations on the practice of the courts and with formulation of proposals aimed at mending what we consider to be a failure of the lawmaker in regulating a legal issue which, although it originates from employment relationships, has legal effects in terms of employees’ pension rights.
