30 GRAŢIAN URECHIATU-BURIAN
require that the employers manage some administrative procedures, not only in
their relationship with the employees, but also in their relationship with some
public institutions, such as County Unemployment Agencies or the Territorial
Labour Inspectorate. This research looks to introduce these obligations and to
present, in particular, the criteria to which the employer needs to comply fully and
properly in such a manner that the employees’ rights to work are respected. This
obligation of the employers is derived from the employees’ right to work. With this
obligation, the employers ensure the full knowledge of the vacancies to any
interested person and also it is ensured an access to vacancies for the possible
According to the provisions of article 6 of the International Covenant on
Economic, Social and Cultural Rights signed on 16 December 1966, it is
provisioned that the State Parties recognise the right to work which implies the
right that any person has to obtain the possibility to earn a living by a freely chosen
or accepted work and will take appropriate measurements in order to ensure that
this right is guaranteed1.
“Experience shows that economic growth is not sufficient. We must do more to
empower individuals through decent work, support people through social protection, and
ensure the voices of the poor and marginalized are heard. As we continue our efforts to
achieve the Millenium Development Goals and shape a post-2015 development agenda, let
us make social justice central to achieving equitable and sustainable growth for all"2.
Furthermore, according to article 8 from the Labour Code, the employment
relationships shall be based on the principle of consent and good faith. The
participants to the employment relationships, for the proper development of such
relationships, shall inform and consult each other, under the terms of the laws and
collective labour agreements3. Therefore, the employers’ legal obligation to
announce the vacancies/new created vacancies represents one of the existent
measures to guarantee the right to work4.
As we will explain later, the instruments and the means of verifying the
employer have an administrative nature and are closely linked to the notion of
1 See I. M. Zltescu, E. Marinache, R. Şerbnescu (coordinators), Principalele instrumente
internationale privind drepturile omului la care Romania este parte, vol. 1, 8th edition, revised, Publisher:
I.R.D.O., Bucharest, 2006, pp. 14-15. The International Convenant on Economic, Social and Cultural
Rights, also available at http://www.irdo.ro/file.php?fisiere_id=79&inline accessed on 25th
2 U.N. Secretary-General Ban Ki-moon Message for the World Day of Social Justice, 20 February
2014, for further details see: Rules of the game: A brief introduction to international labour standards,
International Labour Office. - Geneva: ILO, Third Revised Edition 2014; www.ilo.org.
3 For the good faith in labour relations and protecting the employee`s rights, please see: C. Gîlc,
Codul muncii comentat şi adnotat, 2nd edition, Publisher ROSETTI International, Bucharest, 2015, pp.
48-51; M.-C. Predu, Codul muncii comentat, Publisher: Universul Juridic, Bucharest, 2016, pp. 38-39.
4 T. Toader, M. Safta, Constituia României: decizii ale Curii Constituionale, hotrâri CEDO, hotrâri
CJUE, legislaie conex, Publisher: Hamangiu, Bucharest, 2015, pp. 175-182.