RESPECTAREA PRINCIPIULUI TRATAMENTULUI EGAL ÎN RELAȚIILE DE MUNCĂ
RESPECT FOR THE PRINCIPLE OF EQUAL TREATMENT IN EMPLOYMENT RELATIONSHIPS

Summary/Abstract: The institution of discrimination presupposes the application of differentiations between employees, respectively of unequal treatments in the labor relations, which will lead to the non-recognition of the fundamental rights of the respective persons.The existence of acts of discrimination requires the knowledge of their subjects, usually in comparable situations as attributions, on which unequal treatment is applied or even in different situations, this time the treatment applied being similar. Discrimination involves the non-recognition of protected criteria, which are established either in the case of provisions of European law or in a non-limiting manner in national legal systems. In this respect, if the primary non-discrimination legislation is found in the European treaties, similar provisions have been transposed in the European directives, but also in the relevant national legislation. The article contains an analysis of the main criteria of discrimination, including the right of employers to objectively justify non-discrimination.

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