Theoretical and practical aspects regarding the modification of the civil servants' employment relationship. Comparative analysis with the employees' situation

• Author: Radu Stefan Patru
• Pages: 193-200

Theoretical and practical aspects regarding the modification of the

civil servants' employment relationship. Comparative analysis with

the employees' situation

Lecturer Radu Ștefan PĂTRU

1

Abstract

According to Law no. 188/1999 on the status of civil servants, their employment

relationship may be mo dified by delegation, posting, transfer, transfer within the public

authority or institution or within another structure without legal personality of the public

authority or institution, according to the law, and for a temporary public management

function. In the case of employees, the modification of the employment relationship is

made by delegation, posting, but also unilaterally by the employer in cases of force

majeure, as a disciplinary sanction or as a protection measure of the employee, in the

cases and under the conditions provided by the Labor Code. The elements of differentia-

tion between the two categories of workers will highlight the particularities of the change

in the employment relationship of civil servants, which, unlike the legal status of employ-

ees, is better outlined by the legislator. On the basis of theoretical analysis, as w ell as of

the elements of jurisprudence de lege ferenda proposals will be formulated in this field.

Keywords: public servants, employees, modification of the employment relation-

ship, transfer, delegation, posting.

JEL Classification: K23, K31

1. Introductory aspects

The employment relationship of civil servants may be changed for the

proper performance of activities within public institutions and authorities.

The Law no. 188/1999 on the status of civil servants

2

regulates the mo-

bility of civil servants in art. 87-93.

The employment relationship of civil servants may be changed by dele-

gation, posting, transfer, relocation within the public authority or institution or to

another structure without legal personality of the public authority or institution,

under the law, i.e. the temporary exercise of a public management position

3

.

The mobility of the employment relationship of civil servants is carefully

regulated by the legislator, in order to ensure the specific protective nature of the

1

Radu Ștefan Pătru - Law Department, Bucharest University of Economic Studies,

radupatru2007@yahoo.com.

2

Published in the Official Gazette no. 365 of May 29th, 2007.

3

See D. A. Tofan, Drept administrativ, vol. I, 4th ed., C.H. Beck Publishing House, Bucharest,

2018, p. 436-439, C. S. Săraru, Drept administrativ. Probleme fundamentale ale dreptului public,

C.H. Beck Publishing House, Bucharest, 2016, p. 408 – 411.