Alternative convenţionale pe piaţa muncii din România – contractul individual de muncă şi contractul zilierilor

The recent modification of Act no. 52/2011 regarding the occasionally exercise by the day laborers of some activities, effectuated by Act no. 277/2013, offers the possibility to present in a comparative manner the juridical status of the employee and the one of the day laborer. The regulation of the legal framework having object the day laborer activities’ exercise has as effect on the labor market the existence of an alternative which gives the beneficiary of the labor the possibility to choose between the individual labor contract and the contract signed with the day laborer. A juridical analyze of the two contractual relationships allows to identify both the similarities but especially the differences which fundamentally distinct the employee’s and day laborer’s juridical protection level. In addition, in terms of normative options, the regulation of the day laborer’s juridical relationship having object his work represents an exception to the Labor Clasificare Code, according to which the labor of a physical person is an object of a juridical relationship based on the individual labor contract, and to the Fiscal Clasificare Code, according to which an activity made under the surveillance of the work’s beneficiary (the person who pays the income) is a dependent one and it supposes the payment, along with the income tax, of the social security contributions.