Non standard employment relationship and the gender dimension

• Author: Mihaela Emilia Marica
• Position: Doctoral Law School, Bucharest University of Economic Studies
• Pages: 168-178

Non-standard employment relationship and the gender dimension

Ph.D. student Mihaela-Emilia MARICA

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Abstract

Besides influen ces econ omic, pol itical and social on the stand ard form of

indi vidual e mploy ment contract, which l ed to a mo re flexibl e regulatory framework in the

field o f la bor relat ions, an important facto r that mark ed trend ev olving con tract atypi cal

employmen t i s t he number of women w ho en tered the l abor mark et in recent decad es.

Because most strongly feminized form of employment non-sta ndard empl oyment

relati onship part-time, this arti cle capt ures the issu es most important abou t the relatio nship

work part -time and the gender factor, the i mpact of thi s form of employmen t on t he size

women's soci al and level of prote ction provid ed by labor law an d social prot ection rule s in

ligh t of state s that have agreed to support and legitimize thi s form of employment. Also, th e

circumstan ces of the most important , de termining t he choi ce of women in terms o f hi ring

part-ti me, rational es justifyin g the strong influe nce of gender in h iring pa rt-time, al ong

with the id entificatio n of negative co nsequences of the feminizat ion of this atyp ical forms of

work are important fact ors that are discu ssed in this arti cle.

Keywords: empl oyment, la bor l aw, aty pical workers, labor marke t, gend er

discrimin ation.

JEL Cla ssification: K31

1. Preliminaries

Following research in the field of law and the doctrine of labor relations,

both internally and in comparative law, we see a proliferation of non-standard

forms of employment or atypical. The working relationship non standard forms of

work which is spreading most rapidly

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, is seen as a key element in finding

solutions to problems related to the restructuring of economic life, adapting to the

reality of fluctuating production on the one hand, and achieving a balance between

family and professional

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obligations, on the other hand. This form of atypical work

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Mihaela-Emilia M arica - Doctoral Law School, Bucharest University of Economic Studies,

avocatmihaelamarica@yahoo.com .

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Recent surveys conducted at European level, showing the percentage increase forms of work

standard, p ermanent, full-time is surpassed by the percentage increase forms of work non-standard,

atyp ical, t hus creating relations plan individual work p art and not insignificant significant European

labor markets. (See Jan Buelens, John Pearson, Standard work : an anachronism?, Intersentia

Publishing Ltd., Cambridge, 2013, p. 4).

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See, in t his regard, Raluca Dimitriu Flexibilizarea modalităților de încetare a contractului de

muncă, in Modificările Codului Muncii și ale Legii Dialogului Social, coord. Alexandru Athanasiu,

Universul Juridic, 2011, Bucharest University, Clubul de Drept Social – Costel Gîlcă, p. 110.