Scurte consideraţii cu privire la contractele de muncă din provincia Dacia Traiană

Av. Costel GÎLCĂ

Baroul Bucureşti

ABSTRACT

The article analyzes the elements of three “employment contracts" mentioned in the Transylvanian Triptychs, discovered in the 18th and 19th centuries at Roşia Montană. These Triptychs contain legal documents related to various aspects of daily life in the Roman province of Dacia. The contracts in question pertain to labor in gold mines, an occupation specific to the lower social classes of that time. The study of the preserved information about these contracts, along with a comparative analysis of other Roman legal institutions involving the leasing of services and their relation to the modern individual employment contract, suggests that the origins of the employment contract do not lie in the 1864 Civil Code but much earlier. According to the author, the employment contract’s roots can be traced both to guild statutes (regarding relationships between private...