Theoretical and practical references regarding the applicability of the employer's obligation to inform the employee

Author:Radu Stefan Patru
Position:Department of Law, Bucharest University of Economic Studies
Pages:160-165
SUMMARY

The obligation to inform the employee is one of the most important obligations of employers in labor relations. Regulated by art. 17-19 of The Labor Code, the employee's obligation to inform the employee is the subject of controversy in doctrine and practice. In this study we will analyze the applicability of the information obligation and make proposals for lege ferenda on the basis of the... (see full summary)

 
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Theoretical and practical references regarding the applicability
of the employer's obligation to inform the employee
Assistant professor Radu-Ștefan PĂTRU
1
Abstract
The obligation to inform the employee is one of the most important obligations of
employers in labor relations. Regu lated by art. 17-19 of The Labor Code, the emp loyee's
obligation to inform the employee is the subject of controversy in doctrine and practice. In
this study we will analyze the applicability of the information obligation and make
proposals for lege ferenda on the basis of the arguments presented.
Keywords: employer's obligation to inform the employee, Labor Code, de lege
ferenda proposals.
JEL Classification: K31
1. Introduction
Employer’s obligation to inform the employee or the person selected for
the employment represents one of the most important obligations of employers
within work relationships.
In accordance with article 17(3) of the code, the employer shall inform the
employee or the future employee about any minimal aspects relating to the carrying
out of work
2
.
1
Radu-Ștefa n Pătru Department of Law, Bucharest University of Economic Studies,
radupatru2007@yahoo.com.
2
This is information about:
a) parties’ identity;
b) job or in the absence of a fixed job the possibility for the employee to work in different places;
c) employer’s headquarters or domicile, as the case may be;
d) position/trade according to the Classification of Occupations in Romania or other legislative
instruments such as job description specifying the job attributions;
e) assessment criteria of employee’s professional activity at employer level;
f) job specific risks;
g) the date since when the contract is going to produce effects;
h) in case of a fixed-term employment contract or a temporary employment contract, the duration
thereof;
i) the duration of medical leave the employee is entitled to;
j) conditions for the contracting parties to give notice and the duration thereof;
k) the basic wages, other elements constituting the income and the frequency of paying wages the
employee is entitled to;
l) normal duration of work expressed in hours/day and hours/week;
m) indication of the collective employment contract regulating employee’s work conditions;
n) duration of the probationary period

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