Limits within which the employer may impose on the employee any duties in virtue of the clause according to which the employee “enforces any other provisions given by the immediate hierarchical superior or by his higher-level superior” introduced in th

DREPTUL MUNCII

Abstract

The job description supposes, according to Article 17 paragraph 3 letter d of the Labour Code, the specification of the job duties, usually of declarative nature and only by exception of exhaustive nature. The increasingly accentuated dynamics of the labour relationships determined the enshrinement, at the end of the enumeration of the employee’s duties, of the formula „performs any other duties/orders given by his hierarchical superiors” or of its semantic equivalent. 
There is talk of the determination of the limits within which the employee may order in virtue of the above-mentioned clause, without determining a unilateral amendment of the individual employment agreement in terms of the type of work, in principle forbidden by  Article 41 of the Labour Code, as the current drafting of Articled 17 paragraph 3 letter d read in conjunction with paragraph 4 of the Labour Code makes the job description to be an integral part of the individual employment agreement, and the requirements of Article 41 of the Labour Code shall be fully applicable to it.
The limits within which the employer may impose on the employee any duties in virtue of that clause subject to examination are mainly determined by the type of work, and a necessary complementarity relation was established between the type of work and the job 
description. But that is what interests as a benchmark is the substance of the type of work, besides the terminological appearances, it being absolutely necessary to refer to the overview given by the duties expressly laid down in the job description, as well as the good faith of both parties of the employment relationship.