From among the innovations brought by the Labour Code, noteworthy is the express recognition of what are known as “personality rights” set forth in Articles 15 to 21 of the Code. To be considered, however, is that our legal system has long acknowledged the existence of this category of rights, which characteristically encompass the vital aspects of human personality and are acquired at birth and, as such, classifies such rights as universal ...
From among the special forms of contracting employment, special reference should be made, as it is an innovation, to the possibility of an employee being bound simultaneously to several employers provided there are corporate or organisation relations between them, by way of a contract in writing stating which of the employers represents the others in the performance thereof. Where these requirements are not met, the employee will be free to choose to which employer he/she wishes to be bound ...
In the area of salary, to be emphasised is that the Code has established that the calculation of supplementary and fringe benefits must be based on the basic salary and length of service payments. Also noteworthy are the new rules relating to special pay for exemption from regular working hours, which is after all justified by the fact that the Code provides for three different forms of exemption (vide III above) ...
The amendments made to occupational mobility, also known as functional polyvalence, are quite significant and resorting to this mechanism has become more flexible. This matter, which was governed by Article 22 (rendering of work by the employee not included or object of his/her contract) of the Employment Contract Law, is now addressed by Article 151 (Performance of Duties), Article 152 (Effects on Remuneration) and Article 314 (Occupational Mobility) of the Code ...
In terms of geographical mobility, the Labour Code has maintained the prohibition of the employer transferring the employee to another workplace, save where the interests of the company so require and this change does not entail a serious loss for the employee, where the transfer results from the total or partial moving of the establishment where the employee works, in the cases provided for in collective bargaining agreements or where the employee agrees to the transfer ...
The system applicable to the transfer of a company or part thereof set forth in Articles 318 to 321 of the Labour Code is aimed at rendering this system compatible with Community Law, notably with Council Directive of 12 March 2001, which focuses on this issue on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of companies or establishments ...
The system governing collective bargaining is that which the Code has changed the most. Among these changes, the most important is undoubtedly the provisions applicable to the survival of collective agreements. Under the prevailing law, once a collective bargaining agreement had reached its term, it would remain in force for an unlimited period of time until it was replaced by a new one ...
