The determination and the impact of the prefigured modify of romanian labor code on the labor individual and collective relationships

• Author: Aurelian Gabriel Uluitu
• Position: Lecturer, Ph.D., Law Faculty, 'Nicolae Titulescu' University, Bucharest
• Pages: 88-96

88 Lex ET Scientia. Juridical Series

LESIJ NO. XVIII, VOL. 1/2011

THE DETERMINATION AND THE IMPACT

OF THE PREFIGURED MODIFY OF ROMANIAN LABOR CODE

ON THE LABOR INDIVIDUAL AND COLLECTIVE RELATIONSHIPS

Aurelian Gabriel ULUITU*

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.

Keywords: Labour Code, labour relationship; individual labour contract; dismissal;

disciplinary liability; material liability; non-competition clause.

1. Introduction

One of the most important field of regulation in Romanian law system is the labour

legislation. According to art. 1 paragraph 3 of Romanian Constitution, “Romania is a democratic

and social state, governed by the rule of law, in which human dignity, the citizens' rights and

freedoms, the free development of human personality, justice and political pluralism represent

supreme values, in the spirit of the democratic traditions of the Romanian people and the ideals of

the Revolution of December 1989, and shall be guaranteed”.

The social character of the Romanian state had determined the special protection of the

labour – in generally – and of the workers, especially. The art. 41 from the Fundamental Act –

suggestively entitled “Labour and social protection of labour” – settle:

“(1) The right to work shall not be restricted. Everyone has a free choice of his/her

profession, trade or occupation, as well as work place.

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* Lecturer, Ph.D., Law Faculty, “Nicolae Titulescu” University, Bucharest (e-mail: gabriel.uluitu@univnt.ro).