Ordinance no. 53/2017 From august 4th, 2017. Combating unlawful labor, modifications of impact of the romanian labor code under the emergency

• Author: Ioan Micle
• Position: Faculty of Legal Science 'Aurel Vlaicu' University of Arad, Romania
• Pages: 43-48

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2017), pp. 43-48

43

ORDINANCE NO. 53/2017 FROM AUGUST 4th, 2017. COMBATING UNLAWFUL

LABOR, MODIFICATIONS OF IMPACT OF THE ROMANIAN LABOR CODE

UNDER THE EMERGENCY

1

I. MICLE

Ioan MICLE

Faculty of Legal Science

“Aurel Vlaicu ”University of Arad, Romania

*Correspondence: Ioan Micle, Complexul Universitar M

Micalaca, stree Elena Dragoi, Arad, Romania

E-mail:aijjs@univagora.ro

ABSTRACT

By Law no. 40 / 2011de modification of art. 16 par. (1) of the Labor Code has been radically

changed as to the legal nature of the form of the individual labor contract. This has been

changed from a test condition of the contract (ad ptobationem) to a validity (ad valitatem)

Amendments to the Labor Code, by Emergency Ordinance No. 53/2017 of 4 August 2017,

have as main purpose the fight against undeclared work, including during the duration of the

employment contract

KEYWORDS: individual labor contract, contract nullity, employment relationship, illegal

work, contravention sanction and criminal offense.

INTRODUCTION

The aim of legalizing undeclared work was to limit the unfavorable work - "black" - thus

providing the employee with guarantees that, for his work, he would benefit from all the

rights that are recognized by law in that capacity. In connection with this legislative

amendment, the jurisprudence of the Constitutional Court stated that "the written conclusion

of the employment contract is justified by the fight against employers' practices by which,

taking advantage of the fact that the written form of the employment contract was merely a

probumenal instrument, were evading taxes and duties owed to the state budget or the state

social security budget due to the effect of the conclusion of the employment contract. Such

conduct is also negatively reflected in the social protection plan of the employee who does not

have a contribution period for periods not worked by the employer to the competent

authorities, nor for health or social insurance."

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I. THE NULLITY OF THE INDIVIDUAL LABOR CONTRACT, ON THE

GROUNDS OF NON-OBSERVANCE OF THE WRITTEN FORM.

In accordance with Art. 16 par. (1) C. Work, republished, the individual labor contract is

concluded in written form, in Romanian, based on the consent of the parties. The obligation to

conclude the individual contract of employment in written form rests with the employer,

irrespective of its legal status, whether it is a legal person, an authorized natural person or a

natural person with full exercise capacity.

The written form represents one of the most important amendments to the Labor Code

through Law no. 40/2011, becoming a condition of validity (ad validity) of the individual

1

Published in the Official Gazette of Romania no. 644 of August 7th, 2017

2

Decision no. 383 of 23 March 2011, published in t he Official Gazette of Romania, P art I, no. 281 of 21stApril

2011