Lucrătorul, dincolo de contractul de muncă

dr. Raluca DIMITRIU*

* Cercetător ştiinţific gr. I, Departamentul de drept privat, Institutul de Cercetări Juridice al Academiei Române, e-mail: raluca.dimitriu@cig.ase.ro

Abstract: The paper addresses the controversial issue of interference between labor and human rights, bringing into question the possibility of protecting the worker not only as a contracting party, but as a person. From a structural point of view, the analysis is carried out on two levels: theoretically, by presenting doctrinal differences in the matter, and jurisprudentially, by referring to solutions of the ECHR, the Constitutional Court and labor courts in the matter.

Somehow, we could say that the two approaches - the labor law and the human rights protection - meet in the jurisprudence in the middle of the road, no longer being differentiated by the purely collectivist character of the first and the purely individualizing of the second.

The worker-citizen, as holder of the...