EconPapers    
Economics at your fingertips  
 

Legal subordination – criterion applicable to the recurrence of legal nature of the contract (as individual labor)

Ana Vidat ()
Additional contact information
Ana Vidat: Law Department of the Bucharest University of Economic Studies, Bucharest, Romania

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 2, 200-207

Abstract: The International Labor Organization adopted, in 2006, Recommendation no. 198, synthetically describing the features of a working relationship. Thus, work done in a labor relationship must meet certain requirements, namely: to be performed according to instructions and under the control of another person; to involve the integrator of the organization in the organization of an enterprise; be executed exclusively or principally for the account of another person; be personally fulfilled by the worker; to be carried out in accordance with a determined timetable and at a specific place or accepted by the beneficiary of the work; have a given (predetermined) duration and show some continuity; to assume that the worker is at the disposal of the other person; to involve the beneficiary in the provision of equipment, materials, energy, as the case may be. In its turn, the High Court of Cassation and Justice stated in Decision no. 574/2011 that – in order to qualify a contract as a work – there must be three elements, namely: performance of the work as the primary purpose of the contract; remuneration of the work done; the existence of a subordination report. In the absence of the subordination report, the contractual relations agreed by the parties are not objectively reflected in an employment relationship, but remain only in the sphere of civil law.

Keywords: individual employment contract; legal subordination; the power to control; the power to issue legal orders; the power to sanction. (search for similar items in EconPapers)
JEL-codes: K31 (search for similar items in EconPapers)
Date: 2017
References: View complete reference list from CitEc
Citations Track citations by RSS feed

Downloads: (external link)
http://tribunajuridica.eu/arhiva/An7v2/21.%20VIDAT.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:7:y:2017:i:2:p:200-207

Access Statistics for this article

More articles in Juridical Tribune (Tribuna Juridica) from Bucharest Academy of Economic Studies, Law Department Contact information at EDIRC.
Series data maintained by Catalin-Silviu Sararu ().

 
Page updated 2018-01-20
Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:200-207