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- Title
Concediul de îngrijitor și problemele determinate de reglementarea necorespunzătoare a acestuia.
- Authors
OPRESCU, Elena Daniela
- Abstract
The carer's leave, whose maximum duration provided by law is 5 days, has been regulated for the purpose of transposing Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. The right to carer's leave can be easily exercised by workers, as the necessary conditions for granting it (the medical conditions of the care recipient and their status as a relative or a person living in the same household as the worker) are easy to prove. However, the Romanian legislator has not clearly regulated the right to pay for carer's leave, and this right can only be deduced through a systematic interpretation of the law. We note that the Romanian legislator has not paid attention to the provisions regarding data protection, as no form of medical certificate has been regulated that respects the principle of data minimization provided for by Article 5 of the Data Protection Regulation. Carer's leave has an effect on the termination of the individual employment contract initiated by the employer during the probationary period, through notification issued in accordance with Article 31 (3) of the Labor Code, in the sense that the employer has an obligation to justify it, at the request of the worker who has benefited from this leave. The national legislator has not regulated in any way the deadlines and procedure for issuing the notification of termination of the individual employment contract, when the worker requests the written reasons for the termination.
- Subjects
EUROPEAN Parliament; CONTRACT employment; HOUSEHOLD employees; WORK-life balance; DATA protection; FAMILY leave; LABOR contracts
- Publication
Revista Româna de Dreptul Muncii, 2023, Issue 3, p69
- ISSN
1582-7534
- Publication type
Article