Right to work – a fundamental principle and a constitutional right Cover Image

Dreptul la muncă – principiu fundamental și drept constituțional
Right to work – a fundamental principle and a constitutional right

Author(s): Romul Petru Vonica
Subject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: Right to work; Labour Code; Constitution of Romania;

Summary/Abstract: The right to work is a right with a complex significance, a social, economic, right whose achievement depends on both the State, through its authorities, and the citizens, individually or through unions’ or employers’ associations. Therefore it is a right belonging to the category of socialeconomic rights, traditionally approached in a complex legal framework consisting of national and international instruments. Consecration of the right to work by the Constitution of Romania is achieved by means of a provision according to which it cannot be restricted, while the choice of the profession, the vocation or the occupation, as well as the choice of the working place should be free. These principles have also been included in the Labour Code. The fundamental law and the Labour Code do not directly proclaim the right to work; nevertheless, this right cannot be restricted for it is the right of a human being to obtain the life supporting resources by means of work, freely chosen or accepted. According to such a vision, the right to work is a right inherent to the human being, a natural and imprescriptible right. It can only be achieved through freedom of work.

  • Issue Year: 2010
  • Issue No: 2
  • Page Range: 54-59
  • Page Count: 6
  • Language: Romanian