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3 Romanian Constr. L. Rev. 5 (2018)

handle is hein.journals/rncnlwre3 and id is 1 raw text is: 





    THE   INTERNATIONAL DIMENSION OF CONTEMPORARY

                            LABOUR RELATIONS.

          A  SPECIAL LOOK ON CONSTRUCTION INDUSTRY




                                                           Phd. Prof. Raluca DIMITRIU

                       University of Economic Studies - Law Department, Bucharest, Romania





       Globalization and openness to international of the construction industry generates an intra-
European mobility, but also enhances the presence of workers from outside the European Union.
The  paper is aiming  to deal with two  of  the fundamental problems  accompanying  the
internationalization of employment: on the one hand the social and psychological vulnerability
shown  by migrant workers, on the other hand the reluctance expressed by local workers who
perceive them as competitors for occupying a limited number of jobs. Policies and strategies to
address these two issues - are often contradictory. The role of labour law may be here, above all, an
ethical one.

       Keywords: workers, labour law, construction

       JEL Codes: K12, K22, K24

       1.Introduction

       Worker mobility is one of the great challenges of contemporary labour law. Both sides of

the employment relationship are now the subject of unprecedented mobility: employers, who often
have the possibility of relocation and workers who, voluntarily or forcibly, are looking for a job in

another country than their own.

The construction industry is one of the favourite grounds for the manifestation of this mobil- ity.

We  are dealing here with nationals of a Member State of the European Union who conclude

contracts of employment in another Member State as an expression of their freedom of move-

ment, with workers having concluded the contract on the territory of another state, being sent to

work in another state (posted workers), or with workers from outside the European Union, already

carrying out activities on its territory. The provisions of labour law are meant to balance the legiti-

mate interests of workers who choose to operate in a country other than their country of residence

with those of workers in the host country.


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