5. Conclusion

The differences in legal status between individuals having the employee status and the independent contractor status under the Romanian legislation caused by the under-regulation of civil contracts, under which individual contractors perform their independent activities, can still lead to situations in which beneficiaries will use different types of agreements that suit their purposes without proper protection for the individuals providing the independent activities and also to situations when the civil agreements are no constructed in a manner in which they can be easily qualified as being concluded for independent activities.

In order to avoid these type of situations, it is very important to use adequate wording and have a clear understanding on the collaborative nature of the independent activity providing relationship, as subordination and control over the individual performing the activity is the main component of the employment relationship.