Aspecte privind delimitarea raporturilor de muncă de alte raporturi juridice

Rezumat

The study aims to analyze some issues concerning the delimitation between dependent work and self employment and also between employment relationships and other legal relationships. The digital economy poses a number of challenges to regulations on these categories, creating a field in which various and unique forms of labor relations, atypical, and false self employment proliferate. Beyond the stage of regulation and doctrinal approaches, a wide range of workers do not (anymore) benefit from protection, either in terms of social security or in connection with the exercise of the constitutional right to work. Art. 7 of the Fiscal Code is setting the criteria for disjunction between dependent and independent activities. This regulation is useful, given the lack of such criteria in Romanian labour law, but also criticizable. In special field of labour relations, the indicators provided in the ILO Employment Relationship Recommendation No. 198 (2006) are especially relevant. In the future, the legislative enshrinement of economically dependent workers appears rather desirable. Also, the establishment of a relative presumption regarding the existence of an employment relationship based on the proof of some relevant indices: the subordination and the periodic payment of an income.