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The working time in case of plurality of jobs

The provisions of the article 35 of the Labor Code states the possibility for the worker to have a plurality of jobs based on some individual labor contracts to different employees or to the same employee. The law text does not mention how this situation can be linked with the legal provisions which state the maximum time of work. For this mentioned hypothesis, most of the doctrinal views agree with the possibility of exceeding the maximum or normal time for work as this is showed by the general provisions about this subject. We state here some notes on this theme.

The plurality of jobs can be realized by signing some individual labor contracts with partial time, so the task of minimum 12 consecutive hours rest between two days of work can be satisfied. ( Oana Cazan, III. From the Labor, Social Solidarity and Family Minister practice- questions and answers, in Romanian Labor Law Magazine no 1/2004, p.187 ).

In case of plurality of jobs the maximum time is 48 hours cumulated per week, with the exceptions regulated by the Labor Code. The plurality with one or more contracts with home work is an exception from the maximum limit stated. ( Valeriu Zanfir, the New Labor Code- real or formal evolution, in Labor Reports no. 5/2003, p.34 ).

From the multiple interpretation of the article 112 paragraph 1, of the article 35, of the article 113, of the article 118 from the Labor Code we deduct that the normal working time, of 40 hours per week, refers to one single working contract. ( Ion Traian Stefanescu, Theoretical and practical labor law treaty, Ed. Universul Juridic, Bucuresti, 2010, p.525 ).

The normal working time of 8 hours per day and 40 hours per week it is reported to one single labor contract, because on the contrary the article 35 provisions of the the Labor Code which allow the worker to cumulate more individual working contracts will get empty of its legal significance. ( Alexandru Athanasiu, Luminita Dima, The judicial regime of labor relations on the regulations of the new labor cod, in Pandectele romane nr. 1/2004, p.269, Alexandru Athanasiu, Luminita Dimam, Labor Law, Editura All Beck, Bucuresti, 2005, p.165 ).

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Daniela GHICAJANU

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