2016
Luminița DIMA, Work performed in uncommonly harsh or particularly ardous conditions is ineligibile for judicial acknowledgement
Abstract:
Acknowledgment by courts of the fact that work has
been performed in uncommonly harsh or particularly arduous working conditions
is ineligible if the prior mandatory procedure was not carried out in respect
of that employer/workplace, employee’s profession or job position.
The relevant legislation must be
interpreted in order to ensure access to justice within the limits of law, as
well as compliance with the separation of powers principle. The specific
procedure for the classification of the work conditions as uncommonly harsh or
particularly arduous reains within the remit of the legislator’s assessment and
option.
To the extent that the legislation
was providing for an accessible and clear procedure that also offered
guarantees to be challenged in front of courts and such procedure was falling
under the attributions of other institutions than courts, the courts of law
would exceed their legal powers were they to acknowledge the fact that work has
been performed in uncommonly harsh or particularly arduous working conditions;
such an ackowledgment would equate to an undully replacement of lawfyllu
regulated procedures.
Key-words: uncommonly harsh working conditions,
particularly arduous working conditions, acknowledgement of working conditions,
inadmissibility, workplace.
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