Considerations on the employment relationship of civil servants and the continuous diminishing of the differences between the legal employment relationship between employees and civil servants, as well as the typology of the legal employment relation Cover Image

Consideraţii asupra raportului juridic de muncă al funcţionarilor publici şi estomparea continuă a deosebirilor dintre raportul juridic de muncă al salariaţilor şi cel al funcţionarilor publici, precum şi în legătură cu tipologia raporturilor juridic
Considerations on the employment relationship of civil servants and the continuous diminishing of the differences between the legal employment relationship between employees and civil servants, as well as the typology of the legal employment relation

Author(s): Şerban Beligrădeanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Labor Law; Legal work report;. Typology; Object of Labor Law; Monist Vision (includes all types of legal work relationship)

Summary/Abstract: The author, based on his own opinion, expressed in a previous study (published in 2000), in the sense that the civil servant's service report is a typical form of a legal employment relationship, a report which, although different from the individual contract (the archetype of the employment legal relationship) is not, however, fundamentally different from the latter, and as such, logically and legally, the civil servant's service relationship is a basic component of labor law, , in recent years, a continuous diminishing of the differences between the legal employment relationship of employees and that of public servants is legally observed. Further, the author presents the typology of current legal employment relations, namely: the legal relation of the employees (generated by the conclusion of the individual labor contract, regulated by the Labor Code); the legal employment relationship of civil servants (generated by Law No. 188/1999 on the Statute of civil servants or some statutes regarding special categories of civil servants such as police officers, diplomats and consuls, customs personnel, etc.) ; the legal relationship of the work of the soldiers (non-commissioned officers and officers - Law No. 80/1995); the legal relationship of persons holding public dignity; the legal relationship of magistrates' work (whose status is covered by Law 303/2004); the legal relationship between the cooperative society and cooperative members (Law 1/2005). Considering this typology of legal employment relationships, the author considers it to be fundamentally wrong to limit the subject matter of labor law exclusively to the employment relationship of employees (regulated by the Labor Code), but firmly appreciates that all the legal employment relationships listed above are , in its monistic view of labor law, components of the Romanian labor law, the sum of which is constituted by the common labor law (regarding the legal employment relationship of the employees, based on the individual labor contract regulated mainly by the provisions of the Code labor law) and, on the other hand, the special labor law (which includes the legal employment relationships of civil and military civil servants, public officials, magistrates and cooperative members), special work focused on regulations different from the Labor Code, but for which the Labor Code they are nevertheless common law.

  • Issue Year: 2010
  • Issue No: 1
  • Page Range: 14-32
  • Page Count: 19
  • Language: Romanian