Aspecte privind aplicarea și protecția dreptului la muncă rezultate din jurisprudență
Aspects related to the application and the protection of the right to work resulting from the jurisprudence

Summary/Abstract: As consecrated by the Constitution of Romania, the right to work has a complex significance, synthesizing work and its social protection, the right to work and the freedom to choose one’s profession, the right to social protection, security and the hygiene of work, the working regime of women and youngsters, the weekly rest, the paid annual leave, institution of a minimum wage value, hard work conditions, the average number of working hours per day, equality of wages for equal work, irrespective of gender, the right to collective negotiations with regard to work-related matters, and the compulsory nature of the work agreement. From a juridical point of view, the work relationships are established on the basis of the individual labour contract. These relationships are essentially of a personal nature, with regard to both subjects: the employee, that is, the natural person who works, and the employer, which can be either a natural or a legal person. Work is successive in nature, and, under the labour contract, the employee is subordinated to his employer for whom he works in exchange for a salary. The employer has a directing, a controlling and a disciplinary power in relation to the employee, while the latter benefits from legal protection measures. In general, it is within this framework that the judicial practice deals with work relationships, by applying the Labour Code and the other general normative regulations dealing with the essential issues of the common labour law, applicable to all categories of employers and employees, and with the special relationships, applicable only to certain categories of employees, which represent the special labour law.

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