Theoretical and practical aspects regarding the modification of the civil servants' employment relationship. Comparative analysis with the employees' situation
Theoretical and practical aspects regarding the modification of the civil servants' employment relationship. Comparative analysis with the employees' situation

Author(s): Radu Ștefan Pătru
Subject(s): Public Administration, Public Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: public servants; employees; modification of the employment relationship; transfer; delegation; posting;
Summary/Abstract: According to Law no. 188/1999 on the status of civil servants, their employment relationship may be modified by delegation, posting, transfer, transfer within the public authority or institution or within another structure without legal personality of the public authority or institution, according to the law, and for a temporary public management function. In the case of employees, the modification of the employment relationship is made by delegation, posting, but also unilaterally by the employer in cases of force majeure, as a disciplinary sanction or as a protection measure of the employee, in the cases and under the conditions provided by the Labor Code. The elements of differentiation between the two categories of workers will highlight the particularities of the change in the employment relationship of civil servants, which, unlike the legal status of employees, is better outlined by the legislator. On the basis of theoretical analysis, as well as of the elements of jurisprudence de lege ferenda proposals will be formulated in this field.

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