The individual employment agreement. Conclusion of the agreement for a limited period

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

The practice of successive extension of the individual employment agreement for the position of sanitary mediator is unlawful, considering, on the one hand, the provisions of Article 82 
and Article 83 of the Labor Code, and, on the other hand, the provisions of art. 12 para. (1) of the G.E.O. no. 18/2017. 
The fact that the employee accepted to conclude addenda by which the individual employment agreement concluded in 2009 for a limited period was successively extended, until 31 December 2018, cannot represent an argument to breach the provisions of Article 
82 para. (4) of the Labor Code, according to which: “No more than 3 individual employment agreements may be concluded successively between the same parties, for a limited period”. 
According to the provisions of art. 12 para. (1) and (2) of the G.E.O. no. 18/2017 regarding the Community healthcare “the professional categories provided for under art. 8 para. (2) act as contracting staff hired according to an individual employment agreement for 
unlimited period, according to law, benefiting from the rights and obligations arising from this capacity. 
 The individual employment agreement of the professional categories provided by art. 8 para. (2) shall be concluded with the authority of the local public administration within whose territory they carry on their activity”.