Contractul individual de muncă cu timp parţial
Part-time Individual Employment Contract

Summary/Abstract: The regulation of part-time work in the content of art. 103-107 of the Labor Code corresponds, in principle, to the objectives established in the content of Council Directive no. 97/81/EC of 15 December 1997 on the framework agreement on part-time work, amended by Council Directive 98/23/EC of 7 April 1998, the Romanian legislator aiming to eliminate discrimination against part-time workers and improve the quality of part-time work, facilitate the development of part-time work on a voluntary basis and ensure fl exible organization of working time in a way that takes into account both the needs of employers and those of workers. The defining elements of the individual part-time employment contract, which give specificity to this contract, concern the duration of work and the working schedule, the other elements provided for by art. 105 paragraph (1) of the Labor Code being considered as their particularizations. However, it would be useful if the defining elements also included the conditions under which working hours change. Upon the fulfillment of any of these conditions, the employer’s obligation to propose to the employee the modifi cation of the contractual clause regarding the duration of work is activated, thus recognizing the part-time employee a conventionally established right of preference over other personnel recruitments. However, legislative amendments are required to ensure the principle of equal treatment between employees and avoid discrimination, mainly regarding the prohibition of overtime, the calculation of seniority in work and specialty etc.

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