Review 2018

Authors

Phd. Prof. Raluca DIMITRIU

University of Economic Studies – Law Department, Bucharest, Romania

Abstract

Globalization and openness to international of the construction industry generates an intra-European mobility, but also enhances the presence of workers from outside the European Union. The paper is aiming to deal with two of the fundamental problems accompanying the internationalization of employment: on the one hand the social and psychological vulnerability shown by migrant workers, on the other hand the reluctance expressed by local workers who perceive them as competitors for occupying a limited number of jobs. Policies and strategies to address these two issues – are often contradictory. The role of labour law may be here, above all, an ethical one.

Keywords: workers, labour law, construction

JEL Codes: K12, K22,  K24

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Author

Lecturer, Ph.D. Ana VIDAT 

Law Department, Bucharest University of Economic Studies

Abstract

It is inconceivable that a contract executed by definition in time, could remain in all aspects, in its original form in which the parties have concluded (in writing).

Flexicurity requirements during the execution of the individual labor contract is not, in reality, only a requirement of the legislature – which translates options employer organizations – it is an objective necessity determined that occur after the conclusion of the contract a number of circumstances, situations, goals or subjective, requiring modification of.

Adapting a gainful economic or technological developments may require modification of the individual employment contract under which the activity is performed, taking into account the intrinsic dynamism of employment.

Keywords: individual employment contract; modification of the individual employment contract; the parties’ agreement; will unilaterally; delegation.

JEL Codes: K12, K22,  K24

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Author

Assistant Professor Phd. Radu Ştefan PĂTRU

Bucharest University of Economic Studies, Department of Law

Abstract

Collective bargaining plays an important role in ensuring a balance between employers and employees in labor relations and for achieving the social peace. Law no. 62/2011 (on Social Dialogue) has significantly changed the legal status of collective bargaining. News are: raising the threshold for representation for trade unions at the level of half plus one of the employees in the unit, the impossibility of concluding the collective labor agreement to national level and regulation for the first time of other agreements, conventions and arrangements as art. 153 of Law no. 62/2011 (on Social Dialogue). These legislative provisions are not likely to encourage collective bargaining, this being confirmed by the small number of collective agreements concluded at sector and group of units under the rule of Law. 62/2011. In this study we intend to present the lege ferenda proposals that could revive the conduct of collective bargaining in labor relations.

Keywords: collective bargaining, Law no. 62/2011 (on Social Dialogue), lege ferenda proposals.

JEL Codes: K12, K22,  K24

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Author

Mihaela-Emilia MARICA

Bucharest University of Economic Studies, Law Department

Abstract

Among the most important aspects accounting for the vulnerability of temporary employees, the specialized literature mentions: inadequate social protection systems; poor work and employment conditions; problems concerning the nature of employment, the insecure workplace as well as economic instability, the low remuneration and insufficient benefits, the lack of promotion opportunities. All these aspects, as well as certain specific characteristics of this activity sector, concerning the workplace which by definition is „mobile” and which differs from one project to another; the issue of costs and constraints related to the time of construction execution; as well as the increasing need for flexibility in work organization, are major reasons that demonstrate the need to intensify debates on this topic.

Keywords: employment; tempoary agency work; precarious work.

JEL Codes: K12, K22,  K24

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