Principiul consensualismului și reglementarea contractului de muncă în dreptul românesc
The Principle of Consensualism and the Regulation of the Labor Contract in Romanian Law

Author(s): Dan Ţop, Lavinia Savu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: consensualism; individual employment contract; Labour Code; written form
Summary/Abstract: Although not explicitly expressive in the Civil Code from 1864, the existence of the principle of consensualism has not been questioned, being present in the first regulations of the individual labour contract in our country. The regulation of the individual labour contract did not have adequate legislative provisions at the beginning of the 20th century, it was rather regulated by the provisions of art. 1470, 1471 and 1472 of the Civil Code. The 1929 labour contract law involved consensualism as a rule with regard to the individual labour contract. The consensual character was also preserved by the Labour Code of 1950 or 1972. Even though the 2003 Labour Code provided the written form for the conclusion of the individual labour contract, the consensual character was not at all mitigated, the written form being required only ad probationem. The regulation of the written form as a condition for the validity of the individual labour contract as a result of the amendment of the Labour Code in 2011 led to the mitigation until the consensual character of the individual labour contract, the return to functioning of the principle of consensualism as a fundamental principle of labour law being again enshrined as a result of the changes in 2017.

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