Scurtă analiză privind criteriile utilizate pentru recalificarea convenţiilor civile în contracte individuale de muncă

Avocat Diana ROGOZEA

Kinstellar SPARL

Avocat Maria Mădălina ANGHENIE

Kinstellar SPARL

ABSTRACT

The Labour Inspection has the right to establish whether the activity performed based on a different type of contract than a labour contract is actually rendered in the conditions of a labour relation. The labour legislation does not provide for the criteria based on which the Labour Inspection may conduct the re-qualification or for the consequences of such re-qualification.

It is necessary that such criteria and consequences of re-qualification are regulated de lege ferenda.

Our proposal is that, in the meantime, given the lack of such criteria, the Labour Inspection takes into consideration the Recommendation no. 198 of 2006 regarding labour relations of the International Labour Organization and, in addition, the criteria for establishing that income has been obtained as result of...