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CERTAIN ASPECTS REGARDING SPECIAL REGULATIONS RELATED TO THE EMPLOYMENT, PROMOTION AND TRANSFER OF CONTRACTUAL STAFF IN THE PUBLIC SECTOR FROM ROMANIA

E. CATANA

Abstract

As its content itself stipulates, as a rule, the provisions of the Romanian Statute of Civil Servants approved by Law no. 188/1999, republished, do not apply to contractual staff employed in public authorities and institutions’ own bodies and who carry out secretarial, administrative, protocol, management, maintenance-repair, supply and security activities and to other staff categories who do not have public authority prerogatives. Therefore, with regard to contractual staff, the legal relationship developed between this staff category and the public authority or institution is a work relationship governed by employment legislation, namely în Romanian legislation “The Employment Code” approved by Law no. 53/2003, republished, with its subsequent alterations and completions, but also by common law norms in terms of legal liability of this staff category in the public administration. However, one can note that the legal status of contractual staff in the Romanian public administration is also governed by special norm type regulations and, following recent legislative changes such as those in Law no. 129/2017 regarding the approval of Emergency Government Ordinance no. 1/2017 for establishing measures in the field of central public administration and for altering and completing certain laws, some provisions in the Romanian Statute of Civil Servants also apply to those staff categories in the public administration. These aspects will be analysed in the present study, with the personal conclusions of the author.

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