Asistenții maternali profesioniști – o categorie de lucrători
Professional maternal assistants – a category of workers

Summary/Abstract: A special category of workers is represented, pursuant to the European and national norms, by the professional maternal assistants.In accordance with Article 1 of the Government Decision No 679/2003, these are natural persons, legally certified, who ensure, through the activity they carry out at their home, the raising, care and education necessary for the harmonious development of the children they receive in placement or in their custody.Although maternal assistants carry out their activity under an individual employment contract (of a special nature), they do not benefit by all the rights in their fullness which the other workers have. Thus, they do not have the right, only restrictively and with permission, to weekly rest, days off or rest leave. This situation is justified by the superior interest of their mission, that of ensuring the raising, care and education of children, their integration without discriminations in the family of the assistants.This is the reason why the European Court of Justice (Grand Chamber) has ruled (in the Romanian Case C-147/17) that the activity of maternal assistant does not fall within the scope of Directive 2003/88.Likewise, the High Court of Cassation and Justice (Appeal in the interest of the law) has ruled (the Decision No 25/2018) on the specificity of this profession and on the right to the annual rest leave of the maternal assistant.

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