Journal of Accounting and Management Information Systems (JAMIS)

Considerations concerning the possibility of the apprentice to become member of a trade union

15/2006 ,   p68..71

Alexandru CORNESCU

Keywords:   law, labour legislation, apprenticeship contract, Romania

In order to identify a solution to this issue it is necessary to take into consideration the legal rules regarding trade unions and the apprenticeship contract that are included in:
·         The Labour Code (articles 205 – 213; articles 217 – 223);
·         The Trade Unions Law;
·         The Law regarding the apprenticeship contract;
·         Constitutional provisions included in the articles 9 and 40 from Fundamental Law.
There is no legal rule to rely the position of member of a trade union to the status of employee. Out of these provisions we conclude, using a logical and systematic interpretation of a normative approach, that the accurate solution is to accept the possibility for the apprentices to become members of a trade union, precisely through their participation in the formation of this kind of organizations.