The Obligation to Inform Micro-Enterprise Employees in Writing about the Duties Listed in the Job Description - Constitutionality Approach

The present analysis considers the aspects of the constitutionality of the regulation regarding the obligation to inform micro-enterprise employees in writing about the duties listed in the job description. By the Decision of June 6, 2022, issued in File No. 5,811/2/2021, the Court of Appeal of Bucharest - Administrative and Fiscal Section notified the Constitutional Court of the unconstitutionality of the provisions of the Government's Ordinance No. 37 /2021 for the amendment and completion of Law no. 53/2003 - Labor Code. In the justification of the exception of unconstitutionality, it is stated that the Government's Emergency Ordinance no. 37/2021 violates art. 41 para. (2) of the Constitution, regarding the social protection of work, because it eliminates the obligation to provide written information to employees of micro-enterprises regarding the duties listed in the job description.