Considerations On Working Through A Temporary Work Agent

The development of a specific legal framework in the field of employment through temporary employment agent was born out of the common interests of EU member states which have realized the importance of promoting economic and social development, and implicitly the necessity to ensure legal means for the protection of temporary employees and to guarantee respect for the principle of equal treatment for them in comparison with a user's own employees.The conjoint action in this regard also targeted the elaboration and implementation of policies for the optimal functioning of the labor market, the organization of the institutional framework with competences and attributions in the field of authorization and monitoring the activity of temporary employment agents, the continuous promotion of the compatibility of the national legal framework in the new form of employment field (which allowed labor market flexibility), with European rules in the field. In our country, the adoption of a new Labor Code in 2003(1) was considered an important achievement in terms of transposing the acquis because it enounced the conformation of the basic principles of the acquis regarding the labor law. Among the novelty elements introduced was also highlighted the regulation of the legal employment relationship through the temporary work agent.In the western part of the country, especially in the cross-border area targeted by the present study (Oradea and the limitrophe areas at the border, namely the town of Debrecen and all other administrative-territorial units at the Romanian-Hungarian western border) (ie the components of the Bihor-Hajdu-Bihar Euroregion) there is a "migration" of the labor force, specially used by the labor force available on the Romanian market, workers who hire in the labor field in neighboring country in the hope of finding a job according to the training and skills developed, but also for an adequate remuneration and obviously more advantageous than that obtained in the country.It is known that the free movement of persons is an indispensable freedom, established and respected in the Community legal order, but it also can be seen as a commercial objective executed through Treaties - the movement of independent workers guaranteeing Community exercise of commercial and / or liberal professions.