Theoretical and Practical Aspects Related to Work of Temporary Employees for Users from Other European Union States. Work Through Temporary Employment Agency and Secondment

Authors

  • Maria-Cristina Bălăneasa (Ichim) Ph.D. candidate, The Bucharest University of Economic Studies, Romania

DOI:

https://doi.org/10.18662/lumenlaw/11.1/80

Keywords:

temporary work agent, transnational detachment, work accident, daylight

Abstract

The work of employees through a temporary employment agency is a form of atypical work that involves more discussions. In this material, I propose to compare the institution of temporary work through a temporary work agency with that of posting. I will also highlight the particularities of the temporary employee's work within the provision of transnational services, highlighting internal and community legislative aspects as well as the problems that the two institutions bring to the practice of national courts and the Court of Justice of the European Union.

References

Beligrădeanu, Ș., (2015). The inadmissibility of considering a mission carried out by the employee under an individual temporary work contract (art. 88 et seq. of the Labor Code, republished) as representing a secondment (art. 45 et seq. of the same code). Law magazine, 2/2015.

Houwerzijl, M. (2024). The working conditions of cross-border temporary agency workers on paper and in reality. European Labour Law Journal, 15(1), 50-67. https://doi.org/10.1177/20319525241227846

Năstase, D. (2021). When the secondment is, in fact, a temporary employment contract. The employee must understand from the beginning what type of contract he is signing [Când este detașarea, de fapt, un contract de muncă temporară. Salariatul trebuie să înțeleagă de la început ce tip de contract semnează] https://www.avocatnet.ro/articol_59659/Cand-este-deta%C8%99area-de-fapt-un-contract-de-munc%C4%83-temporar%C4%83-Salariatul-trebuie-s%C4%83-in%C8%9Beleag%C4%83-de-la-inceput-ce-tip-de-contract-semneaz%C4%83.html [acessed 10 april 2023]

Țiclea, A. (2014). Peculiarities of the temporary employment contract. Romanian Journal of Labor Law. 10/2014

European Parliament, European Council (2008). Directiva 2008/104/CE din 19 noiembrie 2008 privind munca prin agent de muncă temporară muncii [The Directive 2008/104 / CE of 19 November on temporary agency work].https://eur-lex.europa.eu/legal-content/RO/TXT/?uri=CELEX%3A32008L0104

European Parliament, European Council (2017). Directive 2014/67/EU on the implementation of Directive 96/71/EC on the posting of workers in the provision of transnational services, amended by Directive 2018/957/EU

Romanian Parliament. (2003). Law no. 53 of 24 March 2003 regarding the Labor Code, reprinted. [Official Gazette of Romania, no. 345 , 18 May 2011]

Romanian Parliament (2017). Law no. 16/2017 regarding the secondment of employees in the framework of the provision of transnational services [Official Gazette of Romania, no. 196 , 21 March 2017]

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Court of Appeal Târgu Mureș (2020). Civil Decision no. 824/2020 of December 17, 2020

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Timișoara Court (2021). Civil Sentence no.8608/2021, June 29, 2021

Court of Appeal Brașov (2021). Civil Sentence no. 60/2021 of June 9, 2021

Court of Appeal Cluj (2021). Civil Sentence no. 279/2021 of November 10, 2021

Court of Appeal Oradea (2021). Civil Sentence no. 166/2021 of December 22, 2021

Mureș Court (2019). Civil Sentence no. 471/2019 of October 8, 2019

Valcea Court (2021). Sentence no. 2657/2021;

Court of Appeal Bucharest (2017). Civil Decision no.6177/2017

The CJEU Decision C-784/19 Team Power Europe EOOD against Direktor na Teritorialna direktsia na Natsionalna agentsia za prihodite-Varna

The CJEU Decision no. C-713/20/2022, X și Y against Raad van bestuur van de Sociale verzekeringsbank, pronounced on 13 October 2022

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Published

2023-12-10

How to Cite

Bălăneasa (Ichim), M.-C. . (2023). Theoretical and Practical Aspects Related to Work of Temporary Employees for Users from Other European Union States. Work Through Temporary Employment Agency and Secondment. Logos Universality Mentality Education Novelty: Law, 11(1), 1-12. https://doi.org/10.18662/lumenlaw/11.1/80

Issue

Vol. 11 No. 1 (2023): Logos Universality Mentality Education Novelty: Law

Section

European Law

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