The Work Performed Within Special Legal Labour Relations

Author:Radu Razvan Popescu
Pages:22-31
SUMMARY

Objectives The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Prior Work Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2016
22
The Work Performed within Special Legal Labour Relations
Radu Răzvan Popescu1
Abstract: Object ives Th e employmen t relatio nship is a contractual one and as such must have all the
basic elemen ts of an enforceable contract to make it legally binding. In strict contractual t erms, the offer is
made by the employer and formally ac cepted by the employee. Prior Work Once the acceptance has take n
place, there is a legally binding agreement and an action will lie aga inst the par ty who breache s that
agreement, even though it may only just have come into e xistence. Results An employment contract,
however, is unlike most other con tracts. Although the parties will have negotiated the main terms, we shall
see that a large numbe r of terms wil l be implied into the agree ment from all sorts of differen t sources and
will not hav e been individually nego tiated by the parties at all. This is what ma kes an employment cont ract
so diffe rent from ot her contracts. Value We think this article is an important step in the disclosure of the
problem eraise d by this types of labo ur performed in different legal labour relations .
Keywords: public servant; magistrates; cooperative members; profession
Introduction
Hereinafter we shall analyze a series of labour relations specific to certain professional categories in
Romania, with their similarities and, especially, their differences with respect to the legal labour
relation regulated by the Labour Code.
Concept and Terms. Solution Approach
Labour (service) relations of public servants
According to the dispositions of Law no. 188/1999 regarding the Statute of public servants2, they are
in service relations with the institutions and authorities they belong to, relations which are exercised
on the grounds of the appointment administrative act [art. 4, para. (1)].
According to the legal provisions mentioned, the public service can be defined as the ensemble of
duties and responsibilities established on the grounds of the law, for the purpose of achieving the
public power prerogatives by the central public administration, the local public administration and
the autonomous administrative authorities [art. 2, para. (1)].
Public services can be divided into three classes, different with respect to the level of education
required for their fulfillment, respectively, long-term higher education, short-term higher education
and high school education.
Under the aspect of salary, Framework-Law no. 284/2010 is applied, regarding the unitary salary
payment of the staff paid from public funds.
1 Associate Professor, PhD, National School of Political and Administrative Sciences, Romania, Address: 6 Povernei Str.,
Bucharest, Romania, Corresponding author: radupopescu77@yahoo.com.
2 Republished in the Official Gazette no. 365 of 29 May 2007, subsequently modified through Law no. 294/2010, published
in the Official Gazette no. 877 of 28 December 2010.

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