CONSIDERATIONS REGARDING CLASSIFICATION AS JOBS PERFORMED IN SPECIAL WORKING CONDITIONS OF THE JOBS CARRIED OUT BY THE STAFF OF THE ANATOMIC PATHOLOGY AND FORENSIC DEPARTMENTS WITHIN LEGAL MEDICINE INSTITUTIONS
CONSIDERATIONS REGARDING CLASSIFICATION AS JOBS PERFORMED IN SPECIAL WORKING CONDITIONS OF THE JOBS CARRIED OUT BY THE STAFF OF THE ANATOMIC PATHOLOGY AND FORENSIC DEPARTMENTS WITHIN LEGAL MEDICINE INSTITUTIONS

Summary/Abstract: This paper focuses on issues dealing with inclusion under the difficult working conditions regimeof the jobs carried out by the staff of the Anatomic Pathology and Forensic Departments within legalmedicine institutions, following adjudication as unconstitutional of the legislative solution referred toin Article 22 of Law no. 104/2003 on the handling of human corpses and the harvesting of organs andtissues from corpses for transplantation purposes, republished, under Decision no. 53/2020 issued bythe Constitutional Court of Romania. Analyzing the tortuous evolution of the laws and regulationsapplicable in the matter under consideration, this paper seeks to clarify the issue of bringing under thedifficult working conditions regime the jobs done by the personnel working in the anatomical pathologyand forensic departments of the legal medicine institutions, in comparison with the personnel carryingout identical jobs within hospitals and with the staff of the Cellular Biology, Anatomy, Histology andPathological Anatomy departments within universities. We do not intend to cover all of the topics thatmake up this overarching theme, but to simply focus on the current legal status of the staff who workin the anatomic pathology and forensic departments of the legal medicine institutions, highlighting, atthe same time, the legislative shortcomings of the Romanian medical system. We then conclude thispaper with a few considerations on the practice of the courts and with formulation of proposals aimedat mending what we consider to be a failure of the lawmaker in regulating a legal issue which, althoughit originates from employment relationships, has legal effects in terms of employees’ pension rights.

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