Reclassification of a civil contract as having the legal nature of an employment contract Cover Image
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Recalificarea unui contract civil ca având natura juridică a unui contract de muncă
Reclassification of a civil contract as having the legal nature of an employment contract

Author(s): Raluca Dimitriu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: employment contract; civil contract; legal will;simulation;

Summary/Abstract: An employment contract is decisively characterized by the relationship ofsubordination between the parties, which distinguishes it from a civil contract. Thereclassification of a civil contract as having the legal nature of an employmentcontract can be done by the labour law court, by the fiscal control body and, morerecently, even by the labour inspector.The paper analyzes the criteria under which such reclassification canintervene, what are its traps and its effects. It is finalized with a series of proposalsaimed at simplifying the reclassification operation, as well as providing legalcertainty.

  • Issue Year: 2018
  • Issue No: 08
  • Page Range: 63-81
  • Page Count: 19
  • Language: Romanian
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