Workers’ rights. A new perspective
What will be the effects of the current trend in Labour Law of emancipation from the constraints of contractualism? Could the worker be regarded as other than a contracting party and his/her actions be addressed beyond purely contractual rights and obligations? The worker does not limit himself/hers...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2019-12-01
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| Series: | Juridical Tribune |
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| Online Access: | http://tribunajuridica.eu/arhiva/An9v3/3.%20Dimitriu.pdf |
| Summary: | What will be the effects of the current trend in Labour Law of emancipation from the constraints of contractualism? Could the worker be regarded as other than a contracting party and his/her actions be addressed beyond purely contractual rights and obligations? The worker does not limit himself/herself today to the performance of the work tasks, but acts as a citizen in the workplace; it is a reality calling for new theoretical approaches, away from the contractual constraints. The individualization of labour law appears as the result of the evolution of the rules of labour law, which contributes to
promoting the figure of each employee as an independent and unique human being. This paradigm shift also generates changes in the relationship between labour law and human rights protection; none of the two being currently estranged from the orientation towards
the individual (and not to the collectivity). Labour law cannot resist to post-modern, individual-centred approaches that shift the focus from the group – to persons, recognizing (and celebrating) the uniqueness of each of them. The paper offers an approach to the rights of the worker from the perspective of human rights, by investigating the advantages and disadvantages of such an extension. It seeks to identify the obstacles between the two categories of rights and the extent to which they could be overcome. |
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| ISSN: | 2247-7195 2248-0382 |