Enforcement individual labor contracts and undeclared work

• Author: Ana Vidat
• Position: Law Department of the Bucharest University of Economic Studies, Bucharest, Romania
• Pages: 41-46

Enforcement individual labor contracts and undeclared work

Lecturer Ana VIDAT

1

, PhD.

Abstract

Failure to conclude individual employment contract as provided in the applicable

legal rules in the field of legal work brings into question the concept of "undeclared work"

– one of the important issues facing the Romanian society.

Keywords: individual employment contract; undeclared work; execution of

individual employment contract; features of an employment relationship.

JEL Clasification: K31

1. Introductory issues

A) The Labour Code

2

defines the individual work of art. 10 such: "(...) is

the contract under which a natural person designated employee undertakes to

perform work for and under the authority of an employer, natural or legal person,

for remuneration called wages".

In essence, the individual employment contract is characterized in that one

party, which is always a natural person undertakes to submit its workforce for the

benefit of the other party who assumes in turn, obligations to create appropriate

conditions for work performed and pay to it

3

.

In legal literature

4

it was revealed that not expressly mentioned employer's

obligation to pay salary (insufficiently relevant reference to work performed for

remuneration called wage).

In our opinion, the individual employment contract can be defined as the

convention by which a person, called employee undertakes to perform work with

continuity in time, and under the authority of an employer, natural or legal person,

for remuneration called salary, respecting the laws, collective agreement applicable

rules and regulations.

1

Ana Vidat - Law Department of the Bucharest University of Economic Studies, Bucharest,

Romania, Lawyer, member of the Bucharest Bar Association, ana.vidat@yahoo.com

2

Given that previous legislation Labour Code of 2003, there was no legal definition of the

individual employment contract – but only highlight its contents – specialized doctrine and

recovered serve to explain this concept.

3

See, in this regard, S. Ghimpu, Dreptul muncii, Didactic and Pedagogical Publishing House,

Bucharest, 1985, p. 5.

4

To be seen A. Ţiclea, Acte normative noi – Codul muncii, „Revista Română de Dreptul Muncii”,

no. 1/2003, pp. 8-9; I.T. Ştefănescu, Tratat teoretic şi practic de drept al muncii, 3rd edition,

revised and enlarged, Universul Juridic, Bucharest, 2014, p. 227.