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*
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.
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.
* Lecturer, Ph.D., Law Faculty, “Nicolae Titulescu” University, Bucharest (e-mail: email@example.com).