FLEXIBILIZING THE TERMINATION OF THE EMPLOYMENT CONTRACT: PROS AND CONS
Vol. 10, Nr. 4/2011 , p547..563
Author(s):
Raluca DIMITRIU
Keywords:
Labour law, employment contract, dismissal, flexicurity
Abstract:
Thechanges in the Romanian Labour Code appear to be a way of implementing theconcept of flexicurity in our system of law. And among all institutions changedby the new law, probably the one related to termination of employment has themost dramatic effect within labour relations and the very application of theprinciple of workers’ protection. Indeed, after eight years in force, theLabour Code has been changed, aiming at re-balancing the powers of the partiesover the issue of the termination of the employment. These changes may lead toa new content of the concept of job security, and also to a new approach of theidea of career. The Government’s goal was to offer the possibility for theemployers to dismiss and employ personnel more easily, allowing him/her toselect best employees at a time of economic crisis. However, as a result of ananalysis of how the flexicurity principles were applied in other states(especially in case of the new member states) one may be very much afraid thatflexicurity cannot be obtained by just un-protect the employees and simplifythe dismissal procedure. Thisis why the changes in the Labour Code, particularly with the intention torender more flexible the labour market and the contractual arrangements werereceived by trade unions, and by the entire society with deep concerns andskepticism. From the perspective of trade unions, if the implementation of theflexicurity concept seems to be successful in some of the European states,since it guarantees a certain level of protection, in Romania such a processwould be disadvantageous for employees in terms of the special job stabilitythey enjoyed. Flexicurity itselfdemands to be flexibly adapted –from case to case, from one state to another. One can even say that there are27 ways of applying the concept of flexicurity within European Union... Which is the Romanian way, especially when itcomes to the termination of the employment contract? The paper aims to put intolight the advantages and disadvantages of the very recent changes in the LabourCode, and to configure a possible perspective in this regard.
Download:
http://online-cig.ase.ro/jcig/art/10_4_7.pdf
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