Part I

Luminiţa DIMA, Part-time Employment Contracts. - Transposition and Implementation of Directive 1997/81/EC into Romanian Legislation
The Directive 97/81/EC is generally correctly transposed into the Romanian legislation by the Labour Code. Currently, the only requirement of the Directive which is not correctly transposed is the one stating that employers should give consideration to the pro¬vision of appropriate information to existing bodies representing workers about part-time working in the enterprise. According to the Romanian law, the employers are obliged to inform them only about the availability of part-time or full-time positions, while the Directive’s requirement is more general.

With respect to the implementation of the Labour Code’s provisions on part-time work, some difficulties are met in practice in relation to the legal prohibition to perform overtime work; the modality of establishing the duration of work both as hours per day and hours per week in case the part-time employee does not perform work on each working day of the week; calculation of the duration of the contribution period to the social insurance system (the pensions insurance system) and the unemployment insurance system; duration of the health and safety training in case of part-time employees.

The legislation should be amended and practice should be adapted as to provide part-time employees appropriate protection and ensure the observance of the non-discrimination principle.

Key-words: part-time work, work duration, part-time worker/ employee, comparable full-time worker/ employee, employer, flexible organization of working time, principle of non-discrimination, pro rata temporis principle, collective labour agreements, information, overtime

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