NORME INTERNAȚIONALE ȘI EUROPENE REFERITOARE LA PROTECȚIA TINERILOR ÎN MUNCĂ
INTERNATIONAL AND EUROPEAN RULES REGARDING THE PROTECTION OF YOUNG PEOPLE AT WORK

Summary/Abstract: By means of the Constitution, the Labour Code, the Government Decision no. 600/2007 regarding the protection of young people at work and the Government Decision no. 867/2009 regarding the prohibition of dangerous works for children, the existing international and European labour rules in the matter of protection of children and young people were transposed into the Romanian legislation. Nevertheless, the Romanian lawmaker has not regulated an exception admitted by such international and European rules, namely that of the possibility for minors under 15 years of age to work under certain conditions and limits strictly established by the law. Considering that art. 49, paragraph 4 of the Constitution of Romania stipulates that minors under 15 years of age shall not be hired as employees it results that this category of minors shall not be able to work unless based upon a civil contract in the category of contracts for services. This shall be a civil contract, regulated, having strong particularities both in relation to the other civil contracts for services and in relation to the individual labour contracts. In essence, the future regulation of this civil contract at law level is required to include: – the fields in which the performance of work is admitted, by derogation, that is, mainly, cultural, artistic, sports, advertising or modeling activities and easy activities in other fields strictly established by the law and only for a limited number of hours per week; – practical activities within professional training. The common law for this regulated civil contract shall have to be the Civil Code, and not the Labour Code.

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