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Considerations concerning the prohibition of use of the probation period in the individual labor contract (according to the provisions of article 33 of the Romanian Labor Code)

Author

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  • Ana Vidat

    (Law Department, Bucharest University of Economic Studies; Lawyer, member of the Bucharest Bar Association, Romania)

Abstract

The probationary period is the most appropriate way of verifying the professional skills - among the possible ones - given that during the performance of the individual labor contract, the skills of the employee can be tested. The objective of this study is to analyze the ban on the use of the probation period in the context of art. 33 of the Labor Code. Thus, we propose to discuss relatively the employer's ability to employ probationers through successive employment in a maximum of 12 months. We appreciate that it is useful to establish the practical implications of the legal provisions outlined above - in the context in which the probationary period is the most useful way of prior checking of the persons applying for employment.

Suggested Citation

  • Ana Vidat, 2018. "Considerations concerning the prohibition of use of the probation period in the individual labor contract (according to the provisions of article 33 of the Romanian Labor Code)," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(3), pages 772-778, December.
  • Handle: RePEc:asr:journl:v:8:y:2018:i:3:p:772-778
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    More about this item

    Keywords

    individual employment contract; probation period; denial clause; verifying professional skills; successive hiring.;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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