2023
Claudia-Ana MOARCĂȘ, Professor, Faculty of Law, University of Bucharest, The Labour Law at the conflux of national public and private Law
DOI: https://www.doi.org/10.31178/AUBD/2023.04
Abstract: The evolution of the Romanian labour law was determined by the social and economic dynamic that was specific to the changes in the governance and functioning of the Romanian state. This paper aims to highlight: (i) how technology, through its operation ways, has us adapt the legislation to the surrounding reality and redefine and correctly identify the parties to the labour contract (the employer, when about digital platforms, and the judicial statue of worker that is at the border between the employee and the independent worker), the new atypical forms of work, the working place (when about remote work) and particularly the feature that tells the labour relationship – i.e. subordination – from other forms of contract, like servicing ones (civil and commercial) in this case; (ii) how present-day circumstances under which work is performed have radically changed the place-and-work unity, i.e. the unity between the working-place and working-time (the working programme) and have opened at least two ways in front of the development of the labour relationship: one where individual freedom and responsibility prevail through focusing on self-employment (independent work/worker) and one that emphasizes the social component, where the main place goes to the ‘professional status’ including "portable rights” and what is beyond ‘employment and market’: professional training sessions; learning; volunteering a.s.o.
The paper finds that some norms of the labour law, which refer to the negotiation of collective and individual labour contracts, to the labour statute, to social partners’ rights and duties, do belong to the private law, while other norms, which rule on the way social partners are organized, on settling labour disputes and conflicts, and those regarding general and specific protection of women and youth and other categories of personnel, belong to the public law. However, labour law justifies and warrants its own autonomy as a branch of law in relation to both the constitutional law and, more importantly, to the civil law.
Keywords: labour law; social security law; civil law; public law; individual labour contract; collective labour contract.
« back