The physical and/or mental ability of the one requiring hiring - The determining specific condition for valid conclusion of the individual labor contract

AuthorCarmen Constantina Nenu
PositionFaculty of Law and Administration, University of Pitesti, Pitesti, Romania
Pages115-118
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2013), pp. 115-118
115
THE PHYSICAL AND/OR MENTAL ABILITY OF THE ONE
REQUIRING HIRING - THE DETERMINING SPECIFIC CONDITION
FOR VALID CONCLUSION OF THE INDIVIDUAL LABOR
CONTRACT
C. C. Nenu
Carmen Constantina Nenu
Faculty of Law and Administration
University of Piteti, Piteti, Romania
Correspondence: Carmen Constantina Nenu,
University of Pitesti, 1 Tg din Vale St, Piteti, Romania
E-mail: carmennenu2006@yahoo.com
Abstract
The need to ensure the safety and health of the employee at work requires the
obtaining of a medical certificate. This certificate testifies that the future employee is
physically and / or mentally fit and it must become a decisive condition for the existence of an
individual work, on the one hand, and an extremely important condition for the health and
safety of the worker.
Keywords: certificate, medical, fitness, conditions, employment, health.
Introduction
For the legal and valid completion of an employment contract a number of conditions
must be met. Some of these are common to the valid conclusion of any contract (capacity,
object, consent and case), while others are specific to the individual employment contract. In
this respect are to be mentioned conditions such as the existence of job, training of the future
employees, their seniority in work and specialty, checking skills and professional knowledge,
obtaining a medical certificate to ascertain that the person concerned is able to provide that
work. Of the conditions listed above, the last will be analyzed, as it detaches through
importance and specificity among other requirements imposed by law.
The medical certificate which finds that the one requiring employment is fit for
performing the work to which he is committed by an individual labor contract.
Being a subject of a legal work relationship, in which the individual is obliged to carry
out certain activities on behalf of the employer, involves not only the legal capacity, but also
the ability to work in a biological sense. That means it requires the physical and mental ability
to work of the one providing paid work. Thus, individuals may be employed only under a
medical certificate confirming that their health allows them to perform the work they are
entrusted (Article 27 Para. 1 reprinted Labor Code). Law no. 319/2006 on health and safety at
work
1
establishes the obligation of the employer to employ only people who, after medical
examination and verification of psychosocial skills, will correspond to the task to be executed.
By Government Decision no. 355/2007
2
on workers' health surveillance the procedure for
medical examination of workers was regulated, both in employment and during the execution
of the individual employment contract. Article 9 Para. (1) defines being fit for work, saying
1
Published in Official Gazette of Romania, part I, no. 646 din 26 iulie 200 6.
2
Published in Official Gazette of Romania, part I, no. 322 din 17 mai 2007.

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