The Work Performed Within Special Legal Labour Relations

• Author: Radu Razvan Popescu
• Pages: 22-31

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.