Promoting and protecting employees' rights and the employer obligations in the domain of work relations provided in special laws

Author:Gratian Urechiatu-Burian
Pages:29-39
SUMMARY

Promoting and protecting the employees’ rights represents a continuous concern, not only for the Parliament, but also for the doctrine and for all of us. 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 employees. 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 agreements.

 
CONTENT
Promoting and protecting employees’ rights… 29
PROMOTING AND PROTECTING EMPLOYEES’ RIGHTS AND
THE EMPLOYER OBLIGATIONS IN THE DOMAIN OF WORK
RELATIONS PROVIDED IN SPECIAL LAWS
Graian URECHIATU-BURIAN*
ABSTRACT
Promoting and protecting the employees’ rights represents a continuous concern, not only for
the Parliament, but also for the doctrine and for all of us.
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 employees.
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 agreements.
Key-words: employer, employee, work relations, Romanian Labour Inspection, human rights.
JEL classification: K10, K23, K31
Promoting and protecting the employees’ rights represents a continuous
concern, not only for the Parliament, but also for the doctrine and for all of us.
Protecting employees’ rights can be achieved by both contentious and
non-contentious proceedings. Contentious proceedings may require for certain
people advancing expenses, while non-contentious proceedings can be
accomplished without further expenses through public institutions (the Mayor; the
Labour Inspection; the Prefect)
In this article, we have analysed the legal provisions less known by the
employers and the employees, legal provisions that require a number of
obligations which fall within the responsibility of the employers. These obligations
* PhD Student, National University of Political Studies and Public Administration, Faculty of
Public Administration.
Beneficiary of the project “Competitiveness and excellence in doctoral research in Political
Science, Administrative Science, Sociology and Communication Studies” POSDRU/187/1.5/
S/155589.
Law Review vol. VI, special issue, December 2016, p. 29-39
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
employees.
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
September 2016;
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.
Promoting and protecting employees’ rights… 31
good governance. Therefore, we will be able to observe the fact that the public
institutions are competing to protect the employees’ rights and implicitly taking
measures of an administrative measure when required.
In this article we intended to present the most important obligations of the
employers regarding employment relations, without exhausting the analysed
subject.
The concept of good governance, transposed in the matter of employment
relations, concerns, from our point of view, all instruments and administrative
procedures that the public institutions use to protect the employees’ rights, by
non-contentious proceedings 5.
In the matter of good governance, institutions such as the Labour Inspectorate
and County Unemployment Agencies also have an important role to play as
administrative authorities that defend and promote the employees’ rights.
1. Obligations regulated by the Social Dialogue Law no. 62/2010
1.1 Employer’s refusal to start negotiations on the collective agreement
In accordance with the provisions of article 229 paragraph 2 of the Labour
Code and article 129 of the Law no. 62/2010, negotiations on the collective
agreement is required only for units with at least 21 employees6.
The legislation provides that the employer or the employer’s organization
initiates the collective agreement at least 45 calendar days before the date of expiry
of the collective agreements or the date of expiry of the applicable period of the
stipulated terms of the additional papers to the collective agreements7. Given the
case that the employer or the employer’s organization does not initiate the
negotiation, it will begin at the written request of the trade union representation or
of the employees’ representatives, at the latest 10 days after communicating the
request.
What do we understand by “collective negotiation”? By this phrase, we
understand the negotiation between employer’s representatives and the trade
union representation or the employees’ representatives. Therefore, for example, if
the workers of an employer do not belong to any trade union representation, the
employer is required to take measures regarding the convocation of an employees’
general meeting in order to designate the employees’ representatives.
5 For the term “good governance”, see E. Blan, Instituii administrative, Publisher: C.H. Beck,
Bucharest, 2008.
6 For more details see: Ion. T. Ştefnescu, Tratat teoretic şi practic de drept al muncii, 2nd edition,
revised and completed, Publisher: Universul Juridic, Bucharest, 2012, pp. 144-186; Al. iclea, Tratat de
jurispruden în materia dreptului muncii, Publisher: Universul Juridic, Bucharest, 2011, pp. 22-28;
C. Gîlc, Codul muncii: adnotat, Publisher: C.H. Beck, Bucharest, 2008, pp. 492-499.
7 See also Ion. T. Ştefnescu, op. cit., 2012, pp. 158-159.
32 GRAŢIAN URECHIATU-BURIAN
We must bring into attention the fact that, given the situation that there is a
trade union representation at unit level, the employer is required to carry out the
negotiations with the trade union representatives. “At unit level, the collective
agreement must be negotiated and brought to a conclusion with the trade union
representation and only if such a trade union representation does not exist, a conclusion
can be made with the elected employees’ representatives, according to the legislation
matters8.
After the election of the employees’ representatives, the employer will convene
the employees’ representatives with the intention to start the collective
negotiations.
We emphasize on the fact that the collective negotiation is being held between
the employer’s representatives and the trade union representatives or the
employees’ representatives if a trade union does not exist.
Therefore, the convocation with at least 45 calendar days before the date of
expiry of the collective agreements refers to the convocation of the trade union
representatives or the employees’ representatives, which is carried out by the
employer and does not refer to the convocation of the general assembly of the
employees.
What happens if the trade union does not exist and the employees refuse to
elect their representatives?
In spite of the fact that this kind of situation could be hard to believe, in
practice there have been a few isolated cases. In it has been recommended the
introduction of a clause in the intern regulation which implies that refusal of choosing the
employees’ representatives results in a disciplinary irregularity. Therefore, in the same
intern regulation there will be established the sanctions in this particular case of
disciplinary irregularity9.
The employees’ refusal of choosing their own representatives prevents the employer
from fulfilling the obligation regarding the initiation CCC. As a result, he has the right to
decide, within the intern regulation, that a refusal of such kind constitutes a disciplinary
irregularity and can be sanctioned as such10.
From our point to view, this opinion is not a correct one and it departs from
the letter and spirit of the law.
The assumption from which we should begin is that electing the employees’
representatives is an employee right, not an obligation.
Indeed the legislation requires the employer the initiative to begin the
collective negotiations, sanctioning him in case of refusal or passivity. But,
8 C.A. Bucuresti, VIIth civil section and for causes regarding labour conflicts and social
insurances, decision no. 145/R/2005 published in “Revista Român de Dreptul Muncii”, no. 3/2005
quoted after C. Gîlc, op. cit., 2008, p. 497.
9 http://legislatiamuncii.manager.ro/a/21837/refuzul-salariatilor-de-a-si-alege-reprezentantii-
constituie-abatere-disciplinara.html?utm_source=rev-codul_muncii-03082016&utm_medium=email&
utm_campaign=newsletter&uid= accessed on 13th October 2016, 06:37 p.m.
10 Ibid.
Promoting and protecting employees’ rights… 33
furthermore, the legislator states as a contravention this situation of refusal or not
beginning the negotiations as a measure of protection of the employees. We are
considering the fact that the legislator assumed relatively the employees’ will of
electing their representatives.
Turning back, what happens if the union does not exist and the employees
refuse to elect their representatives?
In this case, we consider that the employer would have to convene the general
assembly at least twice. If the employees refuse, or they leave the meeting, or the
quorum does not exist, the employer will complete a minute of the meeting which
will contain the current situation as well as the refusal of the employees.
Giving the situation, from our point of view, the employer was involved in an
objective impossibility to “begin the collective negotiation” as stipulated in art 129
paragraph 3 from the Law no. 62/2011. In this case, it’s objectively impossible to
initiate the negotiations, as long as the employees refuse to choose their
representatives. We consider that the employer has shown his good faith by
convening twice the general assembly.
In this case, we believe that the employees are at fault for refusing to choose
their representatives.
Therefore, in order for a contravention to exist, in the published literature of
administrative law11 it is mentioned constantly that the fault must exist (intention or
misconduct). Whereas, in this case, we consider the refusal of the employees to
elect their representatives as a ground for exemption of employers’ liability that
must be assimilated to unforeseeable circumstances laid down in art. 1351
paragraph 3 of the Civil Code “The unforeseeable circumstances is an event that
cannot be predicted nor prevented by the one who would have been called upon if
the event hadn’t happened.”
As a result, from our point of view, the employees’ refusal represents and
event that cannot be predicted nor prevented by the employer.
We need to mention that from our opinion the provisions of the Civil Code
indicated above are perfectly compatible and applicable regarding work
relationships, given the fact that the Civil Code represents the rule of law common
to each branch of law.
In view of the above, in a given situation, we consider that the employer is
exonerated of contravention as laid down in art. 217 lit. b) (“The employer’s refusal
of initiating the negotiation of the collective agreement) of Law no. 62/2011
because the employer has shown his good faith by fulfilling his obligations.
According to the provisions in art 217 paragraph 1 lit b) of Law no. 62/2011,
the employer’s refusal to initiate the negotiations of the collective agreement
constitutes a contravention and it is sanctioned with a fine between 5.000 lei and
10.000 lei.
11 E. M. Fodor, Drept administrativ, Publisher: Albastr, Cluj-Napoca, 2008, pp. 309-310.
34 GRAŢIAN URECHIATU-BURIAN
Contravention finding and applying sanctions are made by the Labour
Inspectors.
It is to be remembered the fact that it is not laid down the possibility of the
acquittal of half of the fine’s minimum within 48h.
2. Obligations regulated by the Law no. 76/2002 regarding the insurance
system for unemployment and the stimulation of the work force
2.1 The employers have the obligation to submit the vacancies to the County Agency
for Employment to which they belong, within 5 working days after the posts have fallen
vacant.
Therefore, according to the provisions of article 10 paragraph 1 of Law no.
76/2002, the employers have the obligation to submit to the Employment Agencies
from their County, respectively from the municipality of Bucharest, hereafter
referred to as Employment Agencies, to which they belong to, as head office or
permanent residence, all the vacancies, within 5 working days after the posts have
fallen vacant. Government Decision no. 119/2014 for modification and
supplementing the Implementing rules for the application of Law no. 76/2002
came with further explanations and the provision of a specific method in which the
employer must fulfil his obligation provisioned by article 10 of Law no. 76/2002.
Otherwise, Art. 3, paragraph 1 from Government Decision no. 174/2002: by the
term vacancies, according to art. 10 paragraph (1) and (3) of this Law, it is understood the
posts which became available as a result of the termination of the employment relationship,
as well as newly formed posts.
This obligation of the employers derives from the employees’ right to work.
With this obligation, the employers ensure an access to vacancies for any person
that is interested and therefore it is ensured an access to the vacancies for the
potential employees. 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 guaranteed12. Therefore, the employer’s legal obligation to make the
vacancies / newly created vacancies public represents one of the existent measures
that were taken in order to ensure that the right to work is guaranteed.
12 See I. M. Zltescu, E. Marinache, R. Serbanescu (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
September 2016;
Promoting and protecting employees’ rights… 35
It is of great importance we remember that the vacancies are submitted to the
County Agency in the area of the employer’s headquarters.
Furthermore, as we can see, the law does not distinguish whether the
employer is a natural person, a private legal person, a public legal person or any
other form of organization regulated by the law. Essentially, there’s an employer
who wished to hire an employee for a certain job.
What happens if the vacancy is found in another locality where the employer
has another branch or place of business? In this case, the employer will complete in
Annex 1A at implementing rules the fact that the post is found in another locality,
existing, in this regard, a section dedicated to this mention.
The purpose of these provisions is that of making the vacancies known by
anyone interested. Moreover, we must remember that the purpose of this
obligation to submit the vacancies collates with the County Unemployment
Agencies’ attributions to support unemployed people in order to find work
through redistributions. We mention that among the objectives of the County
Unemployment Agencies there are included: employment and re-employment of
the people in search for work; preventing unemployment and combating its social
effects;
Symmetrically, the County Unemployment Agencies have the obligation to
make the vacancies public, not only by displaying them on a paper format at the
County and Local Agencies’ Headquarters but also on the County Agencies’
websites.
According to article 113 paragraph a) the failure to comply with the
obligations referred to in article 10 paragraph 1 and 3 constitutes a contravention
and it is penalised with a contravention from 3000 lei to 5000 lei (article 114
paragraph 1 letter a)13.
According to article 114 paragraph 2, the infringer is able to pay, at short notice
or 48 hours within the closure of the minute of the meeting, or, depending on the
case, communicated, half of the minimum fine provisioned in paragraph (1), this
possibility being especially mentioned in the minute.
According to art. 116 paragraph 1, finding and sanctioning the contraventions
provisioned at article 113 are done by the control bodies of Ministry of Labour,
Family, Social Services and Elder People, Labour Inspection, Employment National
Agency and by other bodies that, according to the law, have the right to conduct
inspections.
We observe that this contravention can be found and sanctioned by the control
bodies of the Labour Inspection and by other bodies that, according to the law,
have the right to conduct inspections. From our point of view, this provision is
questionable. Given the fact that this communication of the vacancies is made in
13 See Craiova Court, civil decision no. 8368/2014, available at http://www.rolii.ro/hotarari/
577679eab32a9aa433f54cf1 accessed on 29th January 2017
36 GRAŢIAN URECHIATU-BURIAN
relation with the Employment County Agency located in the employer’s area, we
consider that only the clerks from the Employment County Agency from a certain
territorial unit should have the power of audit and sanctioning.
2.2 Employers are required to report the Employment Agencies in the area the occupied
reported vacancies, according to paragraph (1) as being vacancies, at the latest 1 day after it
was occupied
According to article 10 paragraph 3 of the law no. 76/2002, the employers are
required to report the Employment Agencies in the area the occupation of the
vacancies that were reported according to paragraph (1), at the latest 1 day after it
was occupied, also taking into consideration the law conditions.
Government Decision no. 119/2014 for modification and supplementing the
Implementing rules for the application of Law No. 76/2002 came with further
explanations and the provision regarding the specific way the employer is obliged
to meet the requirement provisioned of article 10 of Law no. 76/2002. Therefore,
Art. 3, paragraph 2 of the Government Decision no. 174/2002 stipulates that:
communicating the vacancies by the employers, as well as the communicating the
occupation of the vacancies by the employers will be done by paper or online,
according to the form provisioned in annex no. 1B. By online, we mean on
magnetic medium, e-mail or the online service for communicating the vacancies or
their occupation, offered by the Employment National Agency.
Regarding these provisions, the employer has the obligation to communicate
the occupation of the vacancy on the same day with the beginning of the activity or
in the next working day. We observe that the obligation to communicate the
employment must be fulfilled in the first starting work day, or the next working
day, and not at the signing of the individual employment contract.
2.3. Not using the Job Classification in Romania in fulfilling official documents
According to article 15 of Law no. 76/2002, the employer is required to use on
the official documents he completes only the occupations provisioned in the Job
Classification in Romania (the COR code).
We observe that the legislature provisions this obligation regarding the
“official documents that he completes”. Nor the Law no. 76/2002, nor the
methodological norms of applying the law, do not define the notion of “official
documents”.
From our point of view, by official documents we must understand every
document used by the employer in regards relations with the third parties. By
third parties we understand any legal person or institution to which the employer
issues official documents on which it is also mentioned the occupation of one or
more employees.
Promoting and protecting employees’ rights… 37
We are considering that, in regards relations with their own employees, but
exclusively at the internal level of the employer, some other designations can be
utilized, others than those specified by COR (abbreviation in Romanian for
Clasificarea Ocupaiilor din Romania) .
Therefore, it is very well known the fact that, in multinational societies,
especially those established by entities from other states from EU or other
countries, there are also some internal designations of some posts that do not
correspond to the official designations in COR. We are mentioning, for example:
“HR Specialist”, “Senior assistant”, “Junior HR Assistant”, “Plant Manager”,
“Deputy Manager”, “HR Manager”, “CFO”- Chief Financial Officer.
A failure to comply with this obligation constitutes a contravention according
to art 113, lit. b) and is sanctioned with a contravention fee from 3.000 lei to 5.000
lei, according to art. 114, 1 lit a).
According to art. 114 paragraph 2 the infringer can pay on the spot or within
48 hours from the closing of the report or, where appropriate, from the day it was
communicated, half of the minimum fee provisioned in paragraph (1), this
possibility being expressly mentioned in the report.
According to art. 116 paragraph 1, the finding and the sanctioning of the
contraventions provisioned at article 113 are done by the control bodies of Ministry
of Labour, Family, Social Services and Elder People, Labour Inspection,
Employment National Agency and by other bodies that, according to the law, have
the right to conduct inspections.
2.4 The obligation to notify the Employment County Agency about employing a
person in unemployment who is compensated, within 3 days.
According to art. 41 paragraph 2 of Law 76/2002, the employers who have
employed, according the law, people among those who beneficiate of
unemployment compensations, have the obligation to notice within 3 days the
employment agencies where they were recorded.
Regarding this obligation, several pertinent questions are being posed.
Firstly, when does the 3-day time-frame start? From the date the employment
contract was signed or the date the activity is begun?
We observe that the legislation remembered does not specify exactly when the
3-day time-frame starts. From our point of view, the 3-day time-frame starts from
the date the activity is begun, because that’s the date of the actual employment, or
otherwise said, this is the date of the 1st when the employment contract has effects
and, consequently, the moment where the quality of a person in compensated
unemployment ends.
The legislature is also questionable on the aspect that the employer has the
obligation to notify the employment agencies to which the employers were
previously recorded. A legitimate question is being posed: How can the employer
find out whether a person is compensated or not?
38 GRAŢIAN URECHIATU-BURIAN
From the beginning, we must mention that there isn’t a complete database that
includes all people that beneficiate of a compensation to which the employers have
access to, nor at a county level, nor at a national one. Consequently, the employer
is required to address a petition to the Employment County Agencies to find out
whether the person he wishes to employ beneficiates or not of compensation.
Giving the fact that the time-frame of answer to a petition is 30 days, we could
be facing an obstacle in hiring or even the loss of a potential employee because of
bureaucracy.
From our point of view, to avoid a contravention to be applied, the employer
has the possibility that, at each employment, to notify the Employment County
Agency, by a notification or e-mail, in which it is specified that the person “W”
with residency in “X” County was employed as “Y” beginning on the date “Z”.
The legislature does not provision the content of the notification, but we
consider that the notification must contain at least: the identification data of the
employer, the identification data of the employee, the date the employment begun
and the occupied post.
The purpose of this provision is to avoid receiving the compensation as well as
the salary by the new employee. The legislature’s intention is a good one, but as we
noticed, it creates an obligation that is hard to fulfil by the employer. The employer
doesn’t know whether a person beneficiates or not from a compensation, which is
the reason why, to make sure we are not liable to a contravention, the employers
are required to notify the Employment County Agency where the person in
unemployment is recorded.
Moreover, we also mention that a person that beneficiates from a
compensation is allowed to be recorded only at the Employment County Agency
in the County of the person’s residence.
Therefore, for example, if an employer with headquarters in Cluj-Napoca,
county of Cluj, hires a person with residence in Jibou, county of Slaj, the employer
will send the notification about employing the person to the Employment County
Agency of Slaj, not the Employment County Agency of Cluj.
Conclusions
As we have seen, the promotion and protection of human rights is a goal of the
XXI century. Protecting employees’ rights can be achieved by both contentious and
non-contentious proceedings. Contentious proceedings may require for certain
people advancing expenses, while non-contentious proceedings can be
accomplished without further expenses through public institutions (the Mayor; the
Labour Inspection; the Prefect).
In this article we have presented the main employers' obligations in relation to
the right to work of people. As we have observed the legal rules are applied by
administrative institutions through administrative procedures. Of course, these
Promoting and protecting employees’ rights… 39
rules are intended to protect employees' rights through non-contentious means,
through the of state control institutions, as the Labour Inspection and the
Unemployment Agencies.
So often, promoting and protecting the rights of employees through
non-contentious procedures can be more expeditiously and does not imply costs.
We have shown that these rules can be improved in terms of their content in order
to be clearer and more predictable. Romanian legislator has established a number
of significant sanctions for protecting the employees' rights.
In our opinion, the state institutions mentioned in the article should primarily
guide employers because the latter know how to fulfil their obligations and only
subsidiary to apply fines.
References
1. I. M. Zltescu, E. Marinache, R. Şerbnescu (coordinators), Principalele
instrumente internaionale privind drepturile omului la care România este parte, vol. 1, 8th
edition, revised, Publisher: I.R.D.O., Bucharest, 2006;
2. Rules of the game: A brief introduction to international labour standards,
International Labour Office. - Geneva: ILO, Third Revised Edition 2014;
3. C. Gîlc, Codul muncii comentat şi adnotat, 2nd edition, Publisher ROSETTI
International, Bucharest, 2015;
4. M.-C. Predu, Codul muncii comentat, Publisher: Universul Juridic,
Bucharest, 2016;
5. T. Toader, M. Safta, Constituia României: decizii ale Curii Constituionale,
hotrâri CEDO, hotrâri CJUE, legislaie conex, Publisher: Hamangiu, Bucharest,
2015;
6. E. Blan, Instituii administrative, Publisher: C.H. Beck, Bucharest, 2008;
7. Ion. T. Ştefnescu, Tratat teoretic şi practic de drept al muncii, 2nd edition,
revised and completed, Publisher: Universul Juridic, Bucharest, 2012;
8. Al. iclea, Tratat de jurispruden în materia dreptului muncii, Publisher:
Universul Juridic, Bucharest, 2011;
9. C. Gîlc, Codul muncii: adnotat, Publisher: C.H. Beck, Bucharest, 2008;
10. E. M. Fodor, Drept administrativ, Publisher: Albastr, Cluj-Napoca, 2008;
11. http://www.rolii.ro
12. http://legislatiamuncii.manager.ro
13. www.ilo.org
14. www.irdo.ro