CRITICISM REGARDING THE REGULATION OF THE "REGULAR" CHARACTER FOR TELEWORK ACTIVITY IN ROMANIA AND DE LEGE FERENDA
Keywords:
Telework, regular character, European vs. national regulation, contradiction, de lege ferenda.Abstract
While the Telework Framework Agreement concluded on July 16, 2002 between the European Community Industrialists Association, the European Union of Craftsmen and Small and Medium-Sized Enterprises, the European Centre for Enterprises with Public Participation, and Enterprises of General Economic Interest and the European Confederation of Trade Unions on telecommunication defines it as "a form of organization and / or performance of work using information technology (...) achieved (...) regularly (...)", for our country Law no. 81/2018, although it resumes the reference to the "regular" character, contradicts it clearly and in an unconcealed manner, translating it into the fact that such work would take place "at least one day a month".We want to raise this issue, showing the consequences for practice and maintain a proposal for de lege ferenda formulated since 2010.
References
Blanpain, R., Colucci, M., Dirks, C., Engels, C., Goldman, A., Hendrickx, F., Jacobs, A., Keating, M., Morin, J., Neal, A., Nyström, B., Ray, J-E., Rojot, J., Swiatkowski, A., Di van den Broek, Weiss, M. (2007). European Framework Agreements and Telework. Law and Practice, A European and Comparative Study, Kluwer The Netherlands: Law International Publishing House.
Ioan, M. (2009), Contractul individual de muncă şi convenţia civilă de prestări servicii. Bucharest; Romania: Wolters Kluwer Romania Publishing House.
Ticlea, A., Georgescu, L., Ilie, D., & Purcaru, D. (2018). Noutăți legislative, jurisprudențiale și doctrinare în relațiile de muncă. Bucharest: Universul juridic Publishing House.
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Stefanescu, A. (2011), Munca la domiciliu și telemunca – drept intern și comparat. Bucharest; Universul juridic Publishing House.
The Telework Framework Agreement concluded on July 16, 2002 between the European Community Industrialists Association, the European Union of Craftsmen and Small and Medium-Sized Enterprises, the European Centre for Enterprises with Public Participation, and Enterprises of General Economic Interest and the European Confederation of Trade Unions on telecommunication;
Law no. 81/2018 about telework, published in the Romanian Official Gazette, Part I, no. 296 of April 2, 2018;
Law no. 53/2003 – Labor Code, republished, with modifications and completions, in Romania’s Official Monitor, Part I, no. 315 from 10th of April 2017, amended.
