Part IV

The Protection of Young at Work –Transposition and Implementation of Directive 1994/33/EC into the Romanian Legislation, Lector univ. dr. Luminiţa DIMA, Facultatea de Drept a Universităţii din Bucureşti
The Directive 94/33/EC on the protection of young people at work has been generally correctly transposed by the Romanian Labour Code and Government Decision no. 600/2007. However, several non-conformity issues are determined mainly by incomplete and incorrect transposition of the definitions given by the Directive to the persons protected. Thus, the definition of the term „young person”, as provided by the Directive (any person under 18 years of age) has not been transposed into the Romanian legislation. Moreover, under the Romanian legislation „tânăr” („young person”) means any person of at least 15 years of age but less than 18 years of age, definition which seems to correspond to a certain extent to the Directive’s definition of „adolescent”, but ensures an incorrect meaning of such a term as compared to the Directive.Such inconsistencies question the conformity of the Romanian legislation with the Directive.
On the other side, the Romanian legislation prohibits the employment of children and, in any event, the employment of persons less than 15 years old. However, in practice, children perform cultural and/or similar activities on grounds of other categories of contracts: e.g. transfer of patrimonial ownership rights over the artistic creation (children who are singing, playing an instrument or performing other cultural activities and who transfer their patrimonial ownership rights of using their work or their performance to another person in exchange of a remuneration) or civil contracts for performance of services (children playing sports). Since such children are not employees, they do not benefit of the protection of the legislation transposing the Directive 94/33/EC.

Key-words: young person, child, adolescent, minimum employment age, compulsory full-time schooling, employer, employee, light work, working time, rest period, working conditions, safety and health at work, night work, annual rest, breaks

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