Action to legally certify the classification into occupational categories. Application of the Decision of the High Court of Justice delivered in the second appeal in the interest of the law no. 9/2016

DREPTUL MUNCII ȘI DREPTUL SECURITĂȚII SOCIALE

Abstract

The decision of the Supreme Court shall not oblige de plano to grant the occupational category, instead, it only recognizes a vocation upon employment, if and inasmuch as the review of the mandatory requirements related to the characteristics of the workplace may also be substituted through and during the judicial action. Both the type of the activity actually carried on, and the proportion to which it was carried out under the conditions alleged by the classification, should result from certain data, likely to be verified in the legal texts, in the documents which governed the employment relationship performed and in objective determinations of the factual circumstances under which it was conducted, as the employees’ considerations relating to the qualification of the activity and of the degree of apprenticeship, difficulty or risk of the occupational background are not sufficient. The differentiation of classification into categories/provision of the protection equipment, payment of the bonus shall not only be made in virtue of the danger degree of the activity performed, but also depending on several factors, defined by art. 6 of Order no. 50/1990. The existence of certain heavy working conditions cannot be itself a basis for granting the first occupational category, in the absence of fulfilment of the other conditions imposed by the legal text.