EIRP Proceedings, Vol 4 (2009)

Le Rapport Juridique de Travail et le Rapport Juridique de Fonction Publique. Comparativisme Communautaire (proposition de Lege ferenda)

Valerica Nistor

Abstract


Analyzing the basic rules of the two categories of legal relationship (job and work), we notice that both are governed by the same principles: legality, impartiality and objectivity; transparency; efficiency and effectiveness; responsibility, in compliance with the law, orientation towards the citizen; stability in exercising competencies; hierarchical subordination. Comparing the two types of legal relationships (job and work) it must be taken into account the Lege ferenda, so as the public officials would conclude the individual employment contracts, where there are written the clauses that govern the legal relationships. The process of closing, executing, changing and ceasing these relationships should be submitted to the same procedural rules that are applied to employees by the employing units.


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