THE LEGAL REGIME OF DAY LABORERS

Monica Gheorghe

FIAT IUSTITIA, 2014, vol. 8, issue 1, 78-84

Abstract: The present paper analyzes the legal regime of the day labourer, the juridical relation between the day labourer and the beneficiary according to Law no. 52/2011 concerning the execution of certain activities with casual nature held by the day labourers. After a period of three years characterized by an unclear and oscillating vision of the legislator on the day labourers, Law No. 52/2011 on the exercise of occasional activities carried out by day labourers has suffered a recent alteration, brought by Law No. 18/2014. Before its entry into force, Law No. 18/2011 was once again altered by the Government Emergency Ordinance No. 36/2014. The road crossed by the legislator was also reflected in the legal doctrine. There were contradictory opinions about the contract that stayed at the basis of the relation between the day labourer and the beneficiary, such as: it was considered either a civil contract, either a labour contract of specific character. After the second change operated, the initial concept of labour relation was reintroduced. The last extended the sphere of the identical or similar regulations to the ones embodied in the Labour Code and in the labour legislation, in its whole. The legal regime applicable to day labourers, according to Law No. 52/2011 with the further alterations and completions – as special law – will consist of the regulations of the labour law if they do not contravene to the peculiarity of this contract. In relation to the mention that the relationship between the day labourer and the beneficiary is established by means of an agreement between the parties, without the written conclusion of an individual employment contract, as well as in relation to the concrete legal regime applicable, according to a point of view recently expressed and which we share, the contract between the day labourer and the beneficiary is qualified as an imperfect individual employment contract.

Keywords: day labourer; beneficiary; casual work; individual employment contract (search for similar items in EconPapers)
Date: 2014
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