Le Rapport Juridique de Travail et le Rapport Juridique de Fonction Publique. Comparativisme Communautaire (proposition de Lege ferenda)

• Main Author: Valerica Nistor
• Format: Article
• Language: English
• Published: Danubius University 2009-06-01
• Series: EIRP Proceedings
• Subjects: legal work relationship; legal job relationship; individual employment contract; job description of public officials; job description of employee
• Online Access: http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/465/435

Analyzing the basic rules of the two categories of legal relationship (job and work), we noticethat both are governed by the same principles: legality, impartiality and objectivity; transparency;efficiency and effectiveness; responsibility, in compliance with the law, orientation towards the citizen;stability in exercising competencies; hierarchical subordination. Comparing the two types of legalrelationships (job and work) it must be taken into account the Lege ferenda, so as the public officialswould conclude the individual employment contracts, where there are written the clauses that govern thelegal relationships. The process of closing, executing, changing and ceasing these relationships shouldbe submitted to the same procedural rules that are applied to employees by the employing units.