Legal subordination – criterion applicable to the recurrence of legal nature of the contract (as individual labor)

• Main Author: Ana Vidat
• Format: Article
• Language: English
• Published: Bucharest University of Economic Studies 2017-12-01
• Series: Juridical Tribune
• Subjects: individual employment contract; legal subordination; the power to control; the power to issue legal orders; the power to sanction
• Online Access: http://tribunajuridica.eu/arhiva/An7v2/21.%20VIDAT.pdf
• ISSN: 2247-7195; 2248-0382

The International Labor Organization adopted, in 2006, Recommendation no. 198, synthetically describing the features of a working relationship. Thus, work done in a labor relationship must meet certain requirements, namely: to be performed according to instructions and under the control of another person; to involve the integrator of the organization in the organization of an enterprise; be executed exclusively or principally for the account of another person; be personally fulfilled by the worker; to be carried out in accordance with a determined timetable and at a specific place or accepted by the beneficiary of the work; have a given (predetermined) duration and show some continuity; to assume that the worker is at the disposal of the other person; to involve the beneficiary in the provision of equipment, materials, energy, as the case may be. In its turn, the High Court of Cassation and Justice stated in Decision no. 574/2011 that – in order to qualify a contract as a work – there must be three elements, namely: performance of the work as the primary purpose of the contract; remuneration of the work done; the existence of a subordination report. In the absence of the subordination report, the contractual relations agreed by the parties are not objectively reflected in an employment relationship, but remain only in the sphere of civil law.