Practica judiciară neunitară. Încadrarea unor locuri de muncă în condiţii speciale sau deosebite. Posibilitatea instanţei de a proceda la o astfel de încadrare în lipsa parcurgerii procedurii administrative de către angajator
Recognizing the work places as implying special or unusual working conditions. The court's possibility to proceed to a direct recognition of working conditions when the employer did not pursue the administrative procedure provided by law

Summary/Abstract: In the Romanian judicial practice there was the question of whether, on the request of the employees, the courts could recognize themselves and in a direct way, their special or unusual working conditions, which would give to the claimants some benefits in the public social security system, in the case where the employer did not pursued the administrative procedure provided by law in order for the work places to be recognised as implying special or unusual working conditions. This legal issue has generated a non-unitary judicial practice, according to its two possible solutions. In this article are presented the legal issue and the arguments for the two opinions that have come in sight in the jurisprudence, accompanied by an author commentary.

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