COMENTARII ÎN LEGĂTURĂ CU NATURA JURIDICĂ A CONTRACTULUI DE MUNCĂ TEMPORARĂ ÎN CAZUL PRESTĂRII DE SERVICII TRANSNAȚIONALE ÎN UNIUNEA EUROPEANĂ

The author, having in view a recent controversy in the Romanian doctrine of labour law, resumes the analysis and reaches the following conclusion:

• According to the Romanian Labour Code, the legal institution (of labour law) of the temporary labour contract (Article 88 of the Labour Code) is separate from the legal institution of posting (Article 45 et seq. of the same Code);

• Conversely, the employee who, according to Article 88 of the Labour Code, has concluded with his employer a temporary labour contract, in order to be hired out to a user undertaking from another Member State of the European Union, has the status of posted employee, within the meaning of Directive 96/71.