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Certain Matters Related To The Legal Regime Of The Probation Period. De Lege Ferenda Proposals

Author

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  • Radu Stefan PATRU

    („Titu Maiorescu” University of Bucharest, Faculty of Law)

Abstract

Law 40/2011 significantly changes certain important institutions of Labour Law, among which is listed the probation period. The establishment of probation periods longer than the ones recorded in the past and the renouncement to certain protective measures for the employees, such as, for example, the probation period of at most five days for unqualified workers, is the most controversial news in this field. These matters also occur in the framework of prior inconsistencies and, as a result, a new series of propositions for lege ferenda in this field is needed. Without pretending to be exhaustive in relation to the matters related to this important institution of the labour law, this study is aimed at analysing certain legal matters related to the current applicability of the probation period, providing solutions for a fair regulation of this matter, both for the employer, and the employee.

Suggested Citation

  • Radu Stefan PATRU, 2014. "Certain Matters Related To The Legal Regime Of The Probation Period. De Lege Ferenda Proposals," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 193-197, December.
    • Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:193-197
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    Keywords

    Law 40/2011; individual labour law; probation period; lege ferenda propositions.;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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