Consideraţii cu privire la prestarea muncii în condiţiile art. 137 alin. (4) din Codul muncii
Considerations regarding the performance of work under the conditions of art. 137 para. 4 of the Labor Code

Summary/Abstract: The provisions of art. 137 para. 4 of the Labor Code allow the performance of the employees’ activity in a period of up to 14 consecutive days, with the granting of the cumulative weekly rest, for exceptional situations. But this organization of work and of the weekly rest cannot be done by the employer, by his simple manifestation of will. In order to be able to organize the weekly restin this way, the employer needs the agreement of the union and the authorization of the territorial labor inspectorate. We see, therefore, that, without benefiting from the two sine qua non conditions, the employer cannot exercise his power to organize the undertaking ‚s activity. This situation provided by the Labor Code is quite poorly regulated, because in practice there may be cases in which both employees and the employer want to perform / organize the activity under the conditions of art. 137 para. 4 of the Labor Code, as the case may be, but cannot undergo such an activity due to the refusal of the trade union or of the territorial labor inspectorate. In this case, is the agreement of the employees an act that could replace the agreement of the union and the authorization of the territorial labor inspectorate?

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