The Obligation to Inform Micro-Enterprise Employees in Writing about the Duties Listed in the Job Description - Constitutionality Approach
DOI:
https://doi.org/10.18662/eljpa/11.1/225Keywords:
job description, exercise of any fundamental right or freedom, social protection of work, labor lawAbstract
The present analysis considers the aspects of the constitutionality of the regulation regarding the obligation to inform micro-enterprise employees in writing about the duties listed in the job description. By the Decision of June 6, 2022, issued in File No. 5,811/2/2021, the Court of Appeal of Bucharest - Administrative and Fiscal Section notified the Constitutional Court of the unconstitutionality of the provisions of the Government's Ordinance No. 37 /2021 for the amendment and completion of Law no. 53/2003 - Labor Code. In the justification of the exception of unconstitutionality, it is stated that the Government's Emergency Ordinance no. 37/2021 violates art. 41 para. (2) of the Constitution, regarding the social protection of work, because it eliminates the obligation to provide written information to employees of micro-enterprises regarding the duties listed in the job description.
References
Decision of the Constitutional Court no. 218 of April 10, 2024 regarding the exception of unconstitutionality of the provisions of Emergency Government Ordinance no. 37/2021 for the amendment and completion of Law no. 53/2003 – Labor Code, Official Gazette of Romania, Part I, no. 523 of 05.06.2024
Decision of the Constitutional Court no. 408 of May 3, 2012. Official Gazette of Romania
Decision of the Constitutional Court no. 766 of June 15, 2011. Official Gazette of Romania, Part I, no. 549 of August 3, 2011
Decision of the Constitutional Court no. 269 of May 12, 2005. Official Gazette of Romania, Part I, no. 525 of June 21, 2005
Decision of the Constitutional Court no. 205 of June 26, 2001. Official Gazette of Romania, Part I, no. 588 of September 19, 2001
Decision no. 205 of June 26, 2001. Official Gazette of Romania, Part I, no. 588 of September 19, 2001
Decision of the Constitutional Court no. 64 of February 24, 2015. Official Gazette of of Romania, Part I, no. 286 of April 28, 2015
Decision of the Constitutional Court no. 1,039 of July 9, 2009. Official Gazette of Romania, Part I, no. 582 of August 21, 2009
Decision of the Constitutional Court no. 668 of 18 May 2011, published in the Official Gazette of Romania, No. 487 of 8 July 2010, Official Gazette of Romania
Decision no. 356 of July 5, 2005. Official Gazette of Romania, Part I, no. 825 of September 13, 2005
Decision no. 506 of October 4, 2005. Official Gazette of Romania, Part I, no. 982 of November 4, 2005
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