The Obligation to Inform Micro-Enterprise Employees in Writing about the Duties Listed in the Job Description - Constitutionality Approach Cover Image

The Obligation to Inform Micro-Enterprise Employees in Writing about the Duties Listed in the Job Description - Constitutionality Approach
The Obligation to Inform Micro-Enterprise Employees in Writing about the Duties Listed in the Job Description - Constitutionality Approach

Author(s): Razvan Viorescu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Labour and Social Security Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: job description; exercise of any fundamental right or freedom; social protection of work; labor law;

Summary/Abstract: The present analysis considers the aspects of the constitutionality of the regulation regarding the obligation to inform micro-enterprise employees in writing about the duties listed in the job description. By the Decision of June 6, 2022, issued in File No. 5,811/2/2021, the Court of Appeal of Bucharest - Administrative and Fiscal Section notified the Constitutional Court of the unconstitutionality of the provisions of the Government's Ordinance No. 37 /2021 for the amendment and completion of Law no. 53/2003 - Labor Code. In the justification of the exception of unconstitutionality, it is stated that the Government's Emergency Ordinance no. 37/2021 violates art. 41 para. (2) of the Constitution, regarding the social protection of work, because it eliminates the obligation to provide written information to employees of micro-enterprises regarding the duties listed in the job description.

  • Issue Year: 11/2024
  • Issue No: 1
  • Page Range: 121-130
  • Page Count: 10
  • Language: English
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