Challenges of the Knowledge Society (Apr 2011)
THE DETERMINATION AND THE IMPACT OF THE PREFIGURED MODIFY OF ROMANIAN LABOR CODE ON THE LABOR INDIVIDUAL AND COLLECTIVE RELATIONSHIPS
Abstract
The Romanian Labour Code – Act no 53/2003 – has been modified several times during its application. The most important modifications were aiming at the following aspects: the termination of the labour contract (especially the individual and collective dismissal and the rightful termination of the contract), the individual labour contract for a limited duration, the work time and the rest time. These modifications were punctual and determined by the necessity of assuring a balance between the position of the employees and the one of the employers.A lot of critics have been formulated by the representatives of the employers after the Labour Code got in force. They consider that the actual regulation is too restrictive for them. It is still extremely favourable for the employees, who are protected by the Code even in situations which are not necessary to assure this protection (professional evaluation, individual dismissal, disciplinary procedure and liability). These were the reasons which determined a constant pressure from the employer’s trade unions in relation with the Government in order to modify those parts of the Code which are too favourable to the employees.The draft of the modification act includes the following major aspects: the written form of the individual labour contract; the non-competition clause; the unilateral modification of the individual labour contract by the employer; the individual dismissal; the work time; the collective bargaining and the collective contracts; the material liability of the employee; the labour jurisdiction.
