SOME CONSIDERATIONS REGARDING THE POSTING OF THE ROMANIAN WORKERS TO E.U. AND NON-E.U. COUNTRIES

Ana Stefanescu () and Eduard Nicolau ()
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Ana Stefanescu: Ph.D. in Law, Lecturer at „Dunărea de Jos” University GalaŃi, Faculty of Legal, Social and Political Science
Eduard Nicolau: Labor inspector within Labor Inspectorate European Structural Funds legal adviser within (U.N.O)

Jurnalul de Studii Juridice, 2012, vol. 1-2, 235-249

Abstract: Law no. 344 / 2006 regarding the posting of employees on the occasion of the provision of transnational services, which transposes Directive no. 96 /71/EC, expressly stipulates through its content that it regards only the posting from E.U./E.E.S. into Romania, which could lead to the conclusion that for the matter of the posting of the workers from Romania to E.U./ E.E.S. the domestic regulations from the Labor Code would be applicable. Nevertheless, as a result of the adherence of Romania to the E.U. the Community dispositions have priority over the contrary ones stipulated under the domestic laws. Contrary it is the view related to posting – in the case of posting which is transnational, usually, the worker remains under the authority of his/her employer, for whose benefits the worker continues to perform his/her activity. Hence transnational posting is similar from the point of view of its content to delegation, the way it is regulated under the Romanian legislation. It is obvious that in what posting of the Romanian workers to the non-E.U. countries is concerned the domestic regulations under the Labor Code are applicable, provided that under the legislation of the non-E.U. country of destination a similar legal instrument allowing the posted Romanian to enter the labor force market by means of transfer-cession of the existent individual labor contract. Hereinafter we propose to approach such aspects, on which we will express some considerations that we hope will support both the theoreticians and practitioners.

Keywords: posting; E.U.; Non-E.U.; domestic law; community law; primary dispositions (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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