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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