Abstract
The theme is less approached in the doctrine, although in practice there are a number of situations in which the competent institutions are called upon to investigate such criminal offences. It should be noted that this study, which reflects less visible and sometimes overlooked criminal activities by the law theoreticians, is also necessary because the so-called “business criminality” has been recently manifested and evolved in various forms, harming the economic environment , and implicitly the participants in legal employment relationships.
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- 1.
Therefore, art. 202–205 of Law no. 62/2011 the Social Dialogue Code lists the categories of persons who cannot declare a strike or who can a declare strike but only under certain conditions:
Cannot declare a strike: prosecutors, judges, military personnel and staff of the Ministry of National Defence, the Ministry of Administration and Internal Affairs, the Ministry of Justice and the institutions and structures under their subordination or coordination, including the National Administration of Penitentiaries, The Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service, the personnel employed by the foreign armed forces stationed on the territory of Romania, as well as other categories of personnel who are forbidden to exercise this right by law.
Airline, naval, land-based transport personnel of any kind may not declare a strike from the time of their mission until their termination.
The personnel embarked on merchant navy vessels under the Romanian flag may declare a strike only in compliance with the norms established by international conventions ratified by the Romanian state under the conditions of art. 203 of the Social Dialogue Code.
In health and social services, telecommunications, radio and television, railway transportation, public transportation and sanitation units, as well as the supply of gas, electricity, heating and water, the strike is allowed provided the strike organizers ensure the continuation of not less than one third of their normal activity.
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Cîrmaciu, D. (2020). Theoretical and Practical Aspects of the Criminal Offences Committed in the Framework of Employment Relations in the Private Sector from Romania. In: Wratny, J., Ludera-Ruszel, A. (eds) New Forms of Employment. Prekarisierung und soziale Entkopplung – transdisziplinäre Studien. Springer VS, Wiesbaden. https://doi.org/10.1007/978-3-658-28511-1_14
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