Annual paid leave in the event of cumulation of individual employment contracts of the public employee

DEZBATERI RRDJ

Abstract

This survey examines the provisions of the Government Decision no. 250/1992 in point of interference of its provisions with the main social right – the right to yearly leave of the employee, as set forth at supranational level in the European Union, in the binding interpretation of the Court of Justice of the European Union. The legal nature of the right to annual leave, doubled by the principle of non-discrimination of part-time workers, requires a mandatory interpretative approach in favor of the priority of European legislation, which mainly affirms a set of common, immutable and just perfectible social values. To this end, the survey pleads for a systemic and integrated application of the regulations based on the hierarchy of the sources of law and on the perpetual evolutive trend of social realities and regulations, therefore after more than a quarter of a century, the items and reference criteria must exceed a regulatory framework defined by a reference system specific to the 90s. The survey also refers to the recent legislative trends which are however incongruent and inconsistent in the solution chosen and clearly perpetuate a different legal treatment concerning the substance of the right to rest leave of the part-time employees.

Keywords: the right to annual rest leave; cumulative employment contracts concluded in the budgetary sector; the principle of non-discrimination of part-time workers; the priority of applying the European norm; mandatory interpretative case law of the Court of Justice of the European Union