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Dependenţa juridică şi economică a salariatului
Legal and economic dependency of the employee

Author(s): Felicia Roşioru
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: subordination; economic dependency; social public order; workers dependent from the economic point of view; workers in virtual space; workers through the agency of online platforms;

Summary/Abstract: The world of work acknowledges a continuous change. From the industrial revolution to the digital era, each new stage in the evolution of society puts into question the specificity of labor law and its boundaries. In this context, subordination, “the old lady” of labor law, is adapting, always taking new faces/shapes corresponding to the time in which is analysed. Essential feature of the employment relationships, the legal dependence, combined with the economic one, serves, first and foremost, to identify the employment contract of the homonymous legal relations. Secondly, they lead to a specificity of this contract, protected, among others, by the concept of public social order, and attract the unavailability of qualifying as such the employment contract. Economic dependence seems to affect also the self employed, relaunching the debate on the scope of labor law and the effectiveness of social rights as fundamental rights. The Uberization of labor law is the latest challenge, working in the virtual space, through online platforms or mobile applications, testing the viability of subordination, as a defining feature of the employment contract.

  • Issue Year: 2019
  • Issue No: 04
  • Page Range: 151-199
  • Page Count: 49
  • Language: Romanian