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Manifest pentru autonomia dreptului muncii
A manifesto for the autonomy of labour law

Author(s): Alexandru Athanasiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: employment agreeement; employment relation; constitutionalization of right ot work; citizen worker; dependency test; worker;

Summary/Abstract: This study contains a detailed analysis of the features of the right to work, which grant it a unique place – autonomy – in the Romanian public order. Alongside the description of the labor law features are also put forward aspects such as: emancipation of labor law from private law (civil law), the recognition of the individual employment agreement as a standalone legal construction, independent from any other type of contract (mandate, provision of services etc.), inclusion under its scope of the fundamental employment rights, enshrinment of its role as common law for other types of employment relations regulated under the law. Moreover, we reiterate and emphasize the thesis pursuant to which employment law, through a remarkable extension of its scope towards other legal relations, as well as the imperative character of its core norms and utilization of the direct method of regulation, became a mixt law, situated at the intersection of private law with private law. Essentially, the study develops and promotes, with multiple arguments, the autonomy of labor law in relation to civil law, also considering that it ceased to cirscumsribe its normative action only with regard to employment agreements, thus regulating all rights and obligations comprising the employement relations, irrspective of their legal source.

  • Issue Year: 2019
  • Issue No: 04
  • Page Range: 19-41
  • Page Count: 23
  • Language: Romanian