The working time - various developments of the meaning of working time at the European Union level from a Romanian labor relations' perspective

Author:Luminita Dima
Position:Law Faculty of Bucharest University
Pages:141-155
SUMMARY

The working time is defined by the European Directive concerning certain aspects of the organisation of work ing time. The meaning of ‘work ing time’ and applicability of the Directive’s requirements was further clarified by the Court of Justice of the European Union in its case law, with respect to various situations such as: working time of the employees who perform work on call, working time... (see full summary)

 
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The working time various developments of the meaning of working
time at the European Union level from a Romanian labor relations’
perspective
1
Associate Professor Luminița DIMA
2
Abstrac t
The work ing time is defined by the Euro pean Directive con cerning certa in aspects
of the organi sation of workin g time. The meani ng of ‘work ing time’ and appli cability o f the
Directive’s requ irements was further clarified by t he Co urt of Justice of t he Euro pean
Union in it s c ase law, with respect to v arious situation s su ch as: worki ng t ime of the
employee s who p erform wo rk on call, wo rking time of the foresters wh o are provided with
tied accommod ation within the range of forest within their pu rview and qua lification o f the
time sp ent by workers wh en trav elling from home to work. Over the past years suc h cases
have bee n more often met in th e emplo yment relation ships in Romania, espe cially as
regards wo rk on call and mobile emplo yees. Since there are no specific legal pro visions to
clarify the legal regime app licable to such situat ions, whether a nd in which circu mstan ces
they rep resent working time and the corre sponding rights an d obligat ions of the respecti ve
employee s, t he study aims to an alyse such situa tions from the perspec tive of the Romania n
labo ur relatio ns by co mparing the Europ ean legisla tion and ca se law with th e Romanian
nati onal leg islation in view of finding some speci fic answers useful for the interpret ation
and a pplicatio n of the Romanian legislatio n in such speci fic cases .
Keywords: workin g time, rest time, work on ca ll, mobile employ ee.
JEL Cla ssification: K31
1. Practical challenges in the organization of working time
The employment relations continuously need to adapt to the current
requirements of the society and to the needs of both employers and employees.
This necessity appears worldwide and it became lately more visible in the current
employment relations in Romania.
The social and personal challenges are important factors for employees to
accommodate the personal life, the family duties and the individual needs and
wishes with their professional activities. Such elements became essential for the
employees in choosing the employer and their workplace, in asking for individual
1
This art icle was submitt ed to 6th Int ernational Conference “Perspectives of Business Law in the
Third M illennium”, 25 -26 November 2016, t he Bucharest University of Economic Studies,
Bucharest, Romania.
2
Luminița Dima - Law Faculty of Bucharest University, luminitzadima@yahoo.com

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