On call (zero-hour) contractual arrangements: a new form of employment. Elements of compared law

Author:Mihaela-Emilia Marica
Pages:70-78
SUMMARY

Considering the evolution of atypical employment forms and their diversity, the elements of novelty brought about by atypical employment forms lie not only in their proliferation at an extremely fast pace, in most EU member states, but also in the fact that the non-standard employment forms known so far have been joined by very many new versions and subcategories, which allows a sub-categorization... (see full summary)

 
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On call (zero-hour) contractual arrangements: a new form
of employment. Elements of compared law
PhD student Mihaela-Emilia MARICA1
Abstract
Considering the evolution of atypical employment forms and their diversity, the
elements of novelty brought about by atypical employment forms lie not only in their
proliferation at an extremely fast pace, in most EU member states, but also in the fact that
the non-standard employment forms known so far have been joined by very many new
versions and subcategories, which allows a sub-categorization of these forms as atypical and
very atypical. Currently, these new types of employment are no longer marginally used o n
the European labor markets, as their number has increased very strongly, the trend becoming
a true phenomenon. As an exhaustive presentation of these works arrangements is beyond
the scope of the present paper, we sha ll hereby address ma inly the on call employment
contract, in order to highlight its benefits for the labor market, as well as the major negative
implications of implementing it. This is a relevant pursuit, since the Romanian labor
legislation has not yet issued any stipulations to regulate this new type of work arrangement.
Keywords: on call contract; atypical work; new forms of work; flexible work.
JEL Classification: K31
1. General considerations
Considering the evolution of atypical employment forms and their diversity,
the elements of novelty brought about by atypical employment forms lie not only in
their proliferation at an extremely f ast pace, in most EU member states, but also in
the fact that the non-standard employment forms known so far have been joined by
very many new versions and subcategories, which allows a sub-categorization of
these forms as atypical and very atypical2. Currently, these new types of employment
are no longer marginally used on the European labor markets, as their number has
increased very strongly, the trend becoming a true phenomenon3.
1 Mihaela-Emilia Marica Bucharest University of Economic Studies, Romania,
avocatmihaelamarica@yahoo.com.
2 The term first appeared in the vocabulary of Eurofound in 2010 (The European Foundation for the
Improvement of Living and Working Conditions), Eurofound Report, Very atypical forms of work,
http://www.eurofound.europa.eu/publications/htmlfiles/ef1 0091.htm, accessed 12 January 2016.
3 Extensive research conducted by the European Observatory of Working Life into Flexible forms of
work; very atypical contractual arrangements, has revealed that the occurrence of these highly
atypical contractual arrangements across labor markets, differs among EU member states. In this
respect, there are three categories of states: 1) States where these new forms of employment are
already widespread, and also ackn owledged by the legislation. This category includes, for instance,

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