Legal subordination - criterion applicable to the recurrence of legal nature of the contract (as individual labor)

Author:Ana Vidat
Position:Law Department of the Bucharest University of Economic Studies, Bucharest,Romania
Pages:200-207
SUMMARY

The International Labor Organization adopted, in 2006, Recommendation no. 198, synthetically describing the features of a working relationship. Thus, work done in a labor relationship must meet certain requirements, namely: to be performed according to instructions and under the control of another person; to involve the integrator of the organization in the organization of an enterprise; be... (see full summary)

 
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Legal subordination criterion applicable to the recurrence
of legal nature of the contract (as individual labor)
Associate professor Ana VIDAT
1
Abstract
The International Labor Organization adopted, in 2006, Recommendation no. 198,
synthetically describing the features of a working relationship. Thus, work done in a labor
relationship must meet certain requirements, namely: to be performed according to
instructions and under the control of another person; to involve the integrator of the
organization in the organization of an enterprise; be executed exclusively or principally for
the account of another person; be personally fulfilled by the worker; to be carried out in
accordance with a determined timetable and at a specific place or accepted by the
beneficiary of the work; have a given (predetermined) duration and show some continuity;
to assume that the worker is at the disposal of the other person; to involve the beneficiary
in the provision of equipment, materials, energy, as the case may be. In its turn, the High
Court of Cassation and Justice stated in Decision no. 574/2011 that in order to qualify a
contract as a work there must be three elements, namely: performance of the work as the
primary purpose of the contract; remuneration of the work done; the existence of a
subordination report. In the absence of the subordination report, the contractual relations
agreed by the parties are not objectively reflected in an employment relationship, but
remain only in the sphere of civil law.
Keywords: individual employment contract; legal subordination; the po wer to
control; the power to issue legal orders; the power to sanction.
JEL Classification: K31
1. Introductory issues
In the current legislative context, the parties are free to conclude any
contracts
2
and determine their content, within the limits imposed by law, public
order and good morals.
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
To be seen A. Ionaşcu, Drept civil. Partea Genera Publishing House Didactică şi Pedagogică,
Bucharest, 1963; Tr. Ionaşcu a.o., Tratat de drept civil, vol. I, Partea generală, Publishing House
Academiei, Bucharest, 1967; Ghe. Beleiu, Drept civil român, 5th edition, Publishing House „Şansa”,
Bucharest, 1998; R. Dimitriu, Curs de drept civil, Publishing House Tribuna Economică, Bucharest,
2002; G. Boroi, Drept civil. Partea generală. Persoanele, ed. 3rd, revised and added, Publishing House
Hamangiu, Bucharest, 2008; L. Pop, Tratat de drept civil. Obligaţiile, vol. II. Contractul, Publishing
House Universul Juridic, Bucharest, 2009; A.G. Atanasiu, A.P. Dimitriu, A.F. Dobre, D.N. Dumitru,
A.G. Banc, R.A. Ionescu, M. Paraschiv, I. Pădurariu, M. Piperea, P. Piperea, A.Ş. Răţoi, A.I. Slijitoru,
I. Sorecu, M. Şerban, A.G. Uluitu, C.M. Văduva, Noul Cod Civil, Note·Corelaţii·Explicaţii, Publishing
House C.H. Beck, Bucharest, 2011; M. Uliescu (coord.), Noul Cod Civil. Comentarii, ed. 3rd, revised
and added, Publishing House Universul Juridic, Bucharest, 2011.

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