EVOLUTION OF EMPLOYMENT RELATIONSHIPS OF CIVIL SERVANTS IN THE REPUBLIC OF MOLDOVA: FROM TYPICAL TO ATYPICAL WORK RELATIONSHIPS

Nicolae Sadovei ()
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Nicolae Sadovei: PhD. Associate Professor, Faculty of Law, State University of Moldova

Jurnalul de Studii Juridice, 2012, vol. 1-2, 47-62

Abstract: In this article, the author covers the evolution of employment relationships of civil servants in the Republic of Moldova during three stages, starting with the quality of typical employment relationships and finishing with the quality they currently have: of atypical legal relationships. The author considers that both the public function and the relationship generated by the occupation of it are of a contractual nature, because the public function entity cannot be addressed separately from the subjects involved in setting on this function, that is separately from the employment of a person on this function. The employment is done, no matter how we look at it, through a bilateral volitive nature act – an agreement between the parties involved in the public function occupation procedure: of a physical person, aspiring to the public function and, respectively, of a public authority within which this function is included. The author also follows the evolution of the legislator’s attitude towards the obligation of taking the oath by civil servants who are in employment relationships. At the first stage, preceding the approval of the Law 443/1995, civil servants did not have to make the oath when taking their function; at the second stage, from the date when the Law 443/1995 entered into effect and up to the approval of the Law 158/2008, civil servants with the statute of managerial position were obligated to take the oath; the third stage, which started once the Law 158/2008 entered into effect, all definitive civil servants have to take the oath.

Keywords: employment relationships; typical work relationships; atypical work relationships; public service; public function; civil servants (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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