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The new Romanian regulation of undeclared labour

Author

Listed:
  • Raluca Dimitriu

    (Department of Law, Bucharest University of Economic Studies)

Abstract

The “black” labour is an indicator of how efficient is the enforcement of the labour law. Irrespective of how progressive may the labour law system be in a society, the proliferation of work without employment contracts expresses the failure of the labour law system in the real market. In Romania, Labour Code has been dramatically changed in the summer of 2017, especially with the declared goal to better organize the fight against the undeclared work. This paper is an analysis of the impact of these changes in an attempt to highlight the consequences of the new regulation, which seems to be fighting undeclared work predominantly by punitive tools. Following a general approach to the vulnerability of the worker without an employment contract, as well as some of the reasons for such choice, the analysis starts from the identification of the practical difficulties raised by the new regulation. On the other hand, the paper highlights the benefits of returning to the consensual nature of the employment contract, as well as the disadvantages of the excessive widening of the definition of the concept of undeclared work.

Suggested Citation

  • Raluca Dimitriu, 2017. "The new Romanian regulation of undeclared labour," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(2), pages 52-61, December.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:52-61
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    References listed on IDEAS

    as
    1. Colin C. WILLIAMS, 2015. "Out of the shadows: Classifying economies by the extent and nature of employment in the informal economy," International Labour Review, International Labour Organization, vol. 154(3), pages 331-351, September.
    2. ENE Corina – Maria & BURGHELEA Cristina & BADEA Liana, 2011. "Undeclared Work – Personal Choise Or Necessity?," Revista Economica, Lucian Blaga University of Sibiu, Faculty of Economic Sciences, vol. 55(2), pages 273-280.
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    Cited by:

    1. Jan Horecký, 2018. "Operation And Action Of A Trade Union (In Terms Of Czech Republic Labour Law)," Central European Journal of Labour Law and Personnel Management, Labour Law Association, vol. 1(1).
    2. Violeta Simionescu & Grațian Urechiatu-Burian, 2019. "Theoretical And Practical Considerations Regarding The Role Of The Romanian Labor Inspection (I)," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 13(1), pages 290-301, May.

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    More about this item

    Keywords

    labour law; undeclared labour; Romanian Labour Code; labour inspection .;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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