Recalificarea unui contract civil ca având natura juridică a unui contract de muncă
Requalification of a Civil Contract as Having the Legal Nature of an Employment Contract

Author(s): Raluca Dimitriu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: Employment contract; civil contract; legal will; simulation
Summary/Abstract: Re-qualification of a civil contract as an employment contract is the work of unlocking its true legal nature, by removing the improper terms used by the parties and bringing into light the true agreement between them. The re-qualification can be done by a fiscal control body, by a labor inspection body, or it can be done by the courts themselves, most often at the request of the worker, who thus seeks to benefit from the protective labor law rules inaccessible to the person who concludes a simple civil contract.This paper aims at highlighting the situations in which the re-qualification of the civil contract, as a labor contract, by the different state authorities, the relationship between their competences and their methodology of each of them and the effects of the re-qualification. The paper is finalized with a series of conclusions and proposals meant to improve the legal provisions and to bring added consistency to the current legislative structure in the field.

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