Comperative aspects of the labour legal relations
Prof. Dr. Kudret ÇELA
In this article the writer aims to point out the essence of the new development of the work juristic relationships, respecting the traditional
principles of political and juridical philosophy, of market organizing of the contract right.
The new development, other than the classic one in this case is represented from the new economic and social relationships that are about the job duration and contracting relation. From these new models, the reduction of working hours does not modify the nature of the contract, but avoiding the classic model is made on the function of flexibility needs. As a result to the contracting formula a solidarity need is attached between the employed and the unemployed.
The re-dimension is expressed even by the avoidance related with the place that the job should be done. It is about a new phenomenon, doing your work out of the job environment, at home. Working from your house was first introduced by the time of the industrial revolution. But as it is common even with the temporary jobs it has represented a renovation process for which the technological progress has contributed. Working
from your house has created juridical problems related to the discipline and reconcilability.
Another feature is related to the elements that belong to the job contract, it is precisely the existence of a reciprocal relationship between the
employee and the employed. But in recent times we have had the case of social, economical “triple” relationships between the enterprise where the
employed is depended from, between him and the third enterprise (that effectively has hired him). Between the non-typical employments forms it is mentioned the work done by employer hired in a company (supplying company), on avail of another company. It is about a general model that
tries to describe all the possible ways of the “triple” relations, between an employer and two companies among which is managing the job.
The characteristic of this phenomenon lays in the circumstance that the employer is depended juristically from the employee with whom he has
made a contract. And this contract is as such from the moment that he is hired to be at his disposal.
The latest avoidance has to do with the work disposal; it is about the most important element in the contract, labor power. When a contract is
signed the employee commits his energies for the work purpose even though generally we say that the employed has the biggest juridical responsibility and not only materially so he is legally related with the employee even in the cases when he is sick or on vacation. From the recent experiences even though they are not very well known sometimes the employer for e.g. “summoned work” he promises a potential work that he will give in the future when the employee will hire him. This is a pre-contracting situation that is made final in the moment when the employer effectively works for the company.