OBSERVATIONS REGARDING THE LEGAL DEDUCTION OF SOME MANDATORY CONTENT ELEMENTS FOR THE INTERNAL REGULATION

Authors

  • Raducan OPREA PhD. Univ. Prof. Oprea Raducan, Faculty of Legal, Social and Political Studies, Member of the Legal, Administrative, Social And Political Research Centre,“Dunărea de Jos” University Galati – Romania.

Keywords:

Internal regulation, mandatory content elements, indirect regulation, the system of labour legal acts, Labour Code.

Abstract

As it is well known, the mandatory content of the internal regulation is regulated by the provisions of art. 242 of Law no. 53/2003 – Labour Code, these altogether referring to the possibility of including other elements (therefore optional). However, there are a series of other disparate provisions, in the same code, or in other legislations, which refer to such mandatory elements for the internal regulation, in case they don’t choose to include them in the collective labour contract or in the individual employment contract. In this article we will highlight as an example, for a vision of ample perspective, those mandatory elements for the content of the internal regulation to which the Law no. 53/2003 – Labour Code refers to in other provisions than those of art. 242. The utility of this step is both from the perspective of preventing some work conflicts and from the perspective of the control over the work inspection.

References

Stefanescu, I.T. (2017)- Tratat teoretic Si practic de drept al muncii, 4th Edition. Bucharest: Universul juridic Publishing House.

Stefanescu, A. (2012). Resurse umane. Legislaţie şi procedure. Iasi: Lumen Publishing House.

Ticlea, A. (2016). Tratat de dreptul muncii, 10th Edition. Bucharest, Romania, Universul juridic Publishing House.

Law no. 53/2003 – Labor Code, republished, with modifications andcompletions, in Romania’s Official Monitor, Part I, no. 315 from 10th of April 2017, amended.

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Published

2019-01-28

How to Cite

OPREA, R. (2019). OBSERVATIONS REGARDING THE LEGAL DEDUCTION OF SOME MANDATORY CONTENT ELEMENTS FOR THE INTERNAL REGULATION. Jurnalul De Studii Juridice, 13(3-4), 37-41. Retrieved from https://www.lumenpublishing.com/journals/index.php/jls/article/view/1284