Considerații privind natura juridică a raporturilor de muncă rezultate din exercitarea unor activități cu caracter ocazional desfășurate de zilieri
Considerations concerning the legal nature of the work reports resulting from the exercise of occasional activities of day laborers

Summary/Abstract: The multitude of similarities of the "Convention regarding the conduct of the employment relationships of day laborers" with the individual employment contract, as regards the specific elements (performance of work, payment of salary, subordination, temporal element) characteristic features (bilateral, consensual, commutative, etc. legal act,) or the general conditions for the conclusion and validity of the individual employment contract (capacity, consent, object and cause) lead us to the conclusion that this Convention... has the legal nature of a fixed-term employment contract of a particular, special type, with a derogatory nature from labor law. Lack of a written form obligation to such a Convention... is supplemented, in my opinion, at least in part, by the obligation to keep records on the day laborer and his daily activities, as well as the signature for receiving the remuneration, the consent of the parents/legal representatives for the minor/minors who work as day laborers in the Electronic Register of Day Laborers. This Register of Day laborers practically comprises the main elements of the Convention between the day laborer and the beneficiary and can be considered to have the value of an individual employment contract with a fixed duration of a particular type.

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