The Theory of the Gained Right. Aspects concerning Article 38 of the Labour Code

Abstract

EU legislation concerning judicial relationships pertaining to labour law has known an important change in the time between the Rome Treaty establishing the European Economic Community in 1957 and the Amsterdam Treaty in 1997. A relatively new concept in this matter is flexicurity, which is a harmonization of labour flexibility and security. Within this concept the notion of labour security differs from the classical one known in social security legislation. Flexicurity was defined by the European Commission in 2007 as being „an integrated strategy” to simultaneously enhance flexibility and security in the labour market. Within this context, after nearly a century of labour legislation, emerged on the premises created by the International Labour Organisation in view of ensuring employee protection, EU legislation has devised norms addressing worker – owner relationships, in other words the relationships between labour and capital.