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Employment in difficult, harmful, or dangerous work places shall only take place after the person has turned 18 years of age; such work places shall be established in a Government decision. 14 are established : for the purposes of this code, employer means a natural or legal entity who can employ, according to the law, labour force based on an individual labour contract.
A legal entity can conclude individual labour contracts, as an employer, after having acquired that legal status. Is the written form a condition for the contract’s validity? 16 from the Labour Code an individual labour contract shall be concluded based on the parties’ consent, in written form, in Romanian.
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In the case of an employee who carries out his/her activity based on a part-time individual labour contract, the contribution period to the social insurance public system shall be proportional to the actual hours worked according to the law In Romanian labour legislation is another type of employment contract: According to the art.
105 para (1) from Labour Code homeworkers are those employees who carry out, at their home, the assignments typical of their positions. 106 from Labour Code an individual homework contract shall only be concluded in a written form and shall comprise, besides the elements stipulated under Article 17 (2), the following: a) the express mention that the employee shall work at home; b) the schedule during which the employer shall be entitled to check his employee’s activity, and the actual manner of making such a control; c) the employer’s obligation to ensure transport, to and from the employee’s domicile, as the case may be, of the raw materials and materials, which he/she uses in his/her activity, as well as the finished products made by him/her.
Romanian labour legislation was drafted or revised under influence of EC law according to the EU Directive.
f) To what extent have the social partners been involved in the elaboration and the revision of your labour law?
Do you have a comprehensive Labour Code or the equivalent (Labour Relations Act, etc) or is your Labour Law made up of several pieces of legislation?
In Romania we have from 2003 a New Labour Code who is structured in 13 titles: – General provisions; – Individual labour contract; – Working time; – Wage plan – Labour health and safety; – Vocational training; – Social dialogue; – Collective labour contracts; – Industrial conflicts; – Labour Inspectorate; – Legal liability; – Labour jurisdiction; – Transitory and final provisions.In 2004 it was recorded: – 1.454.788 employment contracts by undetermined period full time; – 162.355 employment contracts by undetermined period part time; – 289.003 employment contracts fixed term period full time; – 35.868 employment contracts by fixed term part time; – 173 employment contracts at home by undetermined period full time; – 272 employment contracts at home by undetermined period part time; – 31 employment contracts at home by fixed term full time; – 103 employment contracts at home by fixed term part time; Acordind to art.81 from Law 53/2003-Labour Code an individual labour contract for a definite term can only be concluded in the following instances: a) replacement of an employee in the event his/her labour contract is suspended, except when that employee participates in a strike; b) a temporary increase in the employer’s activity; c) seasonal activities; d) if it is concluded based on lawful provisions made with a view to temporarily favouring certain categories of unemployed persons; e) in other instances expressly stipulated by special laws.In 2004 at the national level was recorded: – 289.003 employment contracts fixed term period full time; – 35.868 employment contracts by fixed term part time; – 31 employment contracts at home by fixed term full time; – 103 employment contracts at home by fixed term part time; According to art.Every draft law is advised by ministry involved and Economic and Social Council (where are represents of the social partners), and if this give, the project can be transited at the Govern, and then to the Parliament.a) Are the contracts of employment or the employment relationship legally defined in your national law?82 Labour Code the individual labour contract for a definite term cannot be concluded for a period exceeding 18 months.