COMMUNITY RULES ON NON-DISCRIMINATION. RECONCILIATION OF WORK AND FAMILY LIFE IN LEGAL RELATIONSHIPS
COMMUNITY RULES ON NON-DISCRIMINATION. RECONCILIATION OF WORK AND FAMILY LIFE IN LEGAL RELATIONSHIPS

Summary/Abstract: The concept of discrimination in the legal employment relationship is circumscribed to acts or facts which represent the conduct of the employer, which directly or indirectly proceeds to apply different legal treatment to a person than to another person in a comparable situation.The legal effect of applying a different treatment, in violation of the principle of equal treatment, is found in disregarding the use of the person's fundamental rights and freedoms, which thus becomes a victim of discrimination. It is therefore considered that specific legal rules should be introduced in the field, in the forms of regulatory norms that are essential to limiting the possible forms of discrimination, normative acts being originally issued at international and EU level and subsequently taken up in the national laws of the member states.In this respect, the national legislation has been constantly adapting to the requirements of the community, with the extension of the field of application regarding the criteria of discrimination, which implicitly led to the introduction of mechanisms necessary for the protection of the family institution, but also its members against discrimination. This article details the applicable Community rules on non-discrimination in the family field, specifying the protected criteria in the field and the applicable positive measures.

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