The new Romanian regulation of undeclared labour

The “black” labour is an indicator of how efficient is the enforcement of the labour law. Irrespective of how progressive may the labour law system be in a society, the proliferation of work without employment contracts expresses the failure of the labour law system in the real market. In Romania, L...

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Main Author: Raluca Dimitriu
Format: Article
Language:English
Published: Bucharest University of Economic Studies 2017-12-01
Series:Juridical Tribune
Subjects:
Online Access:http://tribunajuridica.eu/arhiva/An7v2/6.%20Dimitriu.pdf
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author Raluca Dimitriu
author_facet Raluca Dimitriu
author_sort Raluca Dimitriu
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description The “black” labour is an indicator of how efficient is the enforcement of the labour law. Irrespective of how progressive may the labour law system be in a society, the proliferation of work without employment contracts expresses the failure of the labour law system in the real market. In Romania, Labour Code has been dramatically changed in the summer of 2017, especially with the declared goal to better organize the fight against the undeclared work. This paper is an analysis of the impact of these changes in an attempt to highlight the consequences of the new regulation, which seems to be fighting undeclared work predominantly by punitive tools. Following a general approach to the vulnerability of the worker without an employment contract, as well as some of the reasons for such choice, the analysis starts from the identification of the practical difficulties raised by the new regulation. On the other hand, the paper highlights the benefits of returning to the consensual nature of the employment contract, as well as the disadvantages of the excessive widening of the definition of the concept of undeclared work.
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spelling doaj.art-29b5f11730a14fa98548e5c31149adc42024-04-08T07:42:57ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822017-12-01725261The new Romanian regulation of undeclared labourRaluca Dimitriu0Department of Law, Bucharest University of Economic StudiesThe “black” labour is an indicator of how efficient is the enforcement of the labour law. Irrespective of how progressive may the labour law system be in a society, the proliferation of work without employment contracts expresses the failure of the labour law system in the real market. In Romania, Labour Code has been dramatically changed in the summer of 2017, especially with the declared goal to better organize the fight against the undeclared work. This paper is an analysis of the impact of these changes in an attempt to highlight the consequences of the new regulation, which seems to be fighting undeclared work predominantly by punitive tools. Following a general approach to the vulnerability of the worker without an employment contract, as well as some of the reasons for such choice, the analysis starts from the identification of the practical difficulties raised by the new regulation. On the other hand, the paper highlights the benefits of returning to the consensual nature of the employment contract, as well as the disadvantages of the excessive widening of the definition of the concept of undeclared work.http://tribunajuridica.eu/arhiva/An7v2/6.%20Dimitriu.pdflabour lawundeclared labourRomanian Labour Codelabour inspection
spellingShingle Raluca Dimitriu
The new Romanian regulation of undeclared labour
Juridical Tribune
labour law
undeclared labour
Romanian Labour Code
labour inspection
title The new Romanian regulation of undeclared labour
title_full The new Romanian regulation of undeclared labour
title_fullStr The new Romanian regulation of undeclared labour
title_full_unstemmed The new Romanian regulation of undeclared labour
title_short The new Romanian regulation of undeclared labour
title_sort new romanian regulation of undeclared labour
topic labour law
undeclared labour
Romanian Labour Code
labour inspection
url http://tribunajuridica.eu/arhiva/An7v2/6.%20Dimitriu.pdf
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