Legea venitului minim de incluziune – între intenție și costuri ale implementării
ABSTRACT Guaranteeing the minimum inclusion income is a necessary step to improve the condition of materially deprived persons/families and an expected process of change in the area of social services in Romania, as a basis for activating and empowering people at risk of marginalization and/or social exclusion. The analysis of…
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Avantajele și dezavantajele generate salariaților, prin introducerea și folosirea Inteligenței Artificiale (AI) la locul de muncă
ABSTRACT In recent years, significant advances in the field of Artificial Intelligence (AI) have had a profound impact on various sectors, including the field of work and the use of (AI) in the workplace has generated extensive debates regarding its effects on employees. Through this article we aim to examine…
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Considerații teoretice și practice cu privire la noile modificări aduse de Legea nr. 241/2023 pentru completarea Legii nr. 53/2003 – Codul muncii
ABSTRACT Following its publication in the Official Gazette no. 673 of July 21, 2023, Lawno. 241 of July 20, 2023 for the completion of Law no. 53/2003 – The Labor Code introduced some benefits for employees, very important from the perspective of harmonizing family life with professional life. The law…
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Misiune Revista Română de Dreptul Muncii

Publicația este o tribună de dezbateri în dreptul muncii, dar şi o sursă esenţială de informaţie şi analiză care contribuie la formarea unei doctrine eficiente şi solide şi sprijină crearea unui cadru legislativ modern. În paginile revistei sunt discutate noi dispoziţii legale, proiecte de acte normative, hotărâri judecătoreşti, decizii ale CCR. Cititorii sunt familiarizaţi cu normele dreptului european şi internaţional al muncii, cu reglementările altor state şi cu jurisprudenţa străină.

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Ultimele Articole

Legea venitului minim de incluziune – între intenție și costuri ale implementării
Guaranteeing the minimum inclusion income is a necessary step to improve the condition of materially deprived persons/families and an expected process of change in the area of social services in Romania, as a basis for activating and empowering people at risk of marginalization and/or social exclusion. The analysis of Law no. 196/2016 on the guaranteed minimum income, with subsequent amendments and completions, can be achieved from several pers...
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Avantajele și dezavantajele generate salariaților, prin introducerea și folosirea Inteligenței Artificiale (AI) la locul de muncă
Numărul 3 Anul 2024
In recent years, significant advances in the field of Artificial Intelligence (AI) have had a profound impact on various sectors, including the field of work and the use of (AI) in the workplace has generated extensive debates regarding its effects on employees. Through this article we aim to examine the impact, advantages and disadvantages (for employees) brought to the field of work by the introduction and use of artificial intelligence (AI...
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Considerații teoretice și practice cu privire la noile modificări aduse de Legea nr. 241/2023 pentru completarea Legii nr. 53/2003 – Codul muncii
Numărul 3 Anul 2024
Following its publication in the Official Gazette no. 673 of July 21, 2023, Lawno. 241 of July 20, 2023 for the completion of Law no. 53/2003 – The Labor Code introduced some benefits for employees, very important from the perspective of harmonizing family life with professional life. The law entered into force on July 24, 2023 and establishes the possibility for employees who have dependent children up to 11 years of age to be able to p...
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Contractul de administrare a secției/laboratorului sau serviciului medical din cadrul spitalului public – act adițional la contractul individual de muncă sau caz de suspendare de drept a contractului individual de muncă cu spitalului public (!?!)
Numărul 3 Anul 2024
This article aims to provide a theoretical and practical perspective on the contract for the administration of the department/laboratory or medical service within the public hospital and especially to draw attention to the legislative inconsistencies regarding the confusion between the individual work relationships of the doctor with the public hospital and the exercise of the function based on the management contract.
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Digitalizarea în sectorul agricol
Numărul 3 Anul 2024
Digitization is a global phenomenon that has penetrated all sectors of activity. Agriculture has become a field where digitization has found specific forms of manifestation starting from simple forms such as adding controllers and GPS to existing field machines and variable spreading rate technologies (VRT) to robots, drones, and driverless vehicle technology and Internet of Things (IoT) technology. All these forms of manifestation of artific...
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Care este primul Cod al muncii din România?
Numărul 3 Anul 2024
The labor law doctrine did not agree on the first Labor Code, but there is no work that really dedicates itself to an in-depth study of this issue. Thus, in the specialized legal literature it was considered that the first Labor Code constituted either the Labor Contracts Law of 1929 or the Labor Code of 1950, and later the third hypothesis was issued, namely the first Labor Code to constitute the Law for the Organization of Trades, Cr...
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Răspunderea juridică a personalului din învățământul superior pentru nerespectarea regimului conflictului de interese potrivit Legii nr. 199/2023
Numărul 3 Anul 2024
The situation of conflicts of interest has raised concerns not only domestically but also internationally, forming the subject of specific regulations, from which higher education is not and should not be an exception. The staff in higher education has rights and duties deriving from the university charter, from the Code of ethics and university deontology, from the individual employment contract, as well as from the legislation in force. Arti...
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Încetarea de drept a contractelor de muncă în cazul desființării angajatorului. Aspecte teoretice și practice
Numărul 3 Anul 2024
In the cases presented below, we aim to analyze the situations in which the legal entity employer can still be held liable for non-payment of salaries after its dissolution. According to the Labor Code, the employment contracts of employed employees terminate by law. Therefore, we consider that the employer can no longer be held responsible for the non-payment of wages after its dissolution, as it is not a question of outstanding wages. The e...
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Critica unei hotărâri judecătorești
In the following article, one of a practical nature, an analysis of a court decision, pronounced on appeal, is made. The employee was disciplined with a 10% salary reduction for 3 months, on the grounds that he committed a disciplinary offense consisting of transporting two 5-liter containers full of diesel fuel in the cab of the bus he was driving. He thus endangered the safety of passengers and the vehicle entrusted to him. The court of firs...
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Infracţiunea de încălcare a regulilor de protecţie a muncii în Republica Moldova
Numărul 2 Anul 2024
In the Republic of Moldova, the constitutional right to labor protection is also safeguarded by penal means, as art. 183 of the Criminal Code incriminates the act of violating labor protection rules. The criminal norm, a basis, must be analyzed in close connection with the provisions of the Labor Code, of Law no. 186-XVI/2008 on occupational safety and health and with other normative acts and regulations applicable in the field. The offense is...
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Reglementarea juridică a formelor de asistenţă socială în Republica Moldova
Numărul 2 Anul 2024
The given article is dedicated to the matter concerning the institution of social assistance which plays a decisive role in the realization by the state of a set of social services with the aim of prevention or removing some events considered social risks, ensuring a sustainable development, realizing the principle of social solidarity and ensuring the rights and freedoms established by national and international legislation. Social assistanc...
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Clauza de neconcurenţă prin prisma Codului muncii al Republicii Moldova
In this study, the non-compete clause is explained as a type of specific clauses of an individual employment contract, which results in a conventional restriction of work freedom. The author highlighted, primarily, the legal significance of the non-compete clause. In addition, the elements to be stated in the text of a non-compete clause were analysed, according to art. 531 para. (2) of the Labour Code of the Republic of Moldova, namely: the ge...
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Părţile și reprezentarea acestora la negocierea colectivă la nivel de unitate
Numărul 2 Anul 2024
This paper deals with the changes made in May 2023, Law no. 367/2022 regarding the social dialogue, related to the representation of the parts in the collective negotiation process. The priority of participating in the collective bargaining of trade union organizations at the unit level is analyzed, compared to the representation by elected employees/workers, in the conditions where there is no legally constituted trade union organization at t...
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Exercitarea profesiei de medic, recunoașterea titlurilor profesionale și salarizarea personalului medical
The article aims to present the legal framework that regulates the acquisition of the qualification of doctor, the recognition of professional titles obtained in other countries, the conditions under which the profession of doctor can be exercised in Romania and the remuneration of medical personnel.
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Telemunca la domiciliu, accidente și securitatea în muncă – o perspectivă comparativă
Home working and teleworking are increasingly used in employment relationships. They have proved their full usefulness especially during the Covid-19 pandemic, which is still ongoing. The greatest advantage of these forms of work is that they allow workers to combine work and private life. However, it is possible that employees may suffer accidents while working at home. The question is: is such an accident at work or not? Who is respons...
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Parteneri Instituționali și Baze de Date

Anul 2022

Demersuri pentru un drept al muncii ecologic
In the present article, it is proposed that labor law, through its specificity as a regulator of labor relations, should contain ecological norms that contribute to the improvement of the phenomena characteristic of the environmental crisis. To consider the obligations of economic agents, in their capacity as an employer, to ensure to a greater extent the health and safety of workers by reducing, even eliminating environmental risks from the w...
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Vechimea în muncă – un concept adaptabil la realităţile pieţei forţei de muncă
Numărul 6 Anul 2022
At present, the use of the notions of seniority in work and their meaning preserves a series of more or less correct particularities generated by the history of regulation and of the rights that this notion attributes to a person. With a rich history of regulations, in which the name and the rights conferred on them have been changed successively, seniority appears as a landmark in the employment relationship, but its landmarks are oft...
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Aspecte privind răspunderea disciplinară – drept comun versus legislaţia specifică mediului universitar
Numărul 6 Anul 2022
In order to correctly and clearly transpose the rules applicable in disciplinary matters to the teaching and research staff, auxiliary teaching and research staff, as well as to the management, guidance and control staff in higher education in case of breach of duties stipulated in the individual employment contract, as well as in case of violation of the rules of conduct, as they are terminologically formulated in a lacunary and confusing man...
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Respectarea de către angajat a obligaţiei de fidelitate faţă de angajatori în condiţiile cumulului de funcţii ca urmare a transpunerii Directivei (UE) nr. 2019/1152 a Parlamentului European și a Consiliului din 20 iunie 2019 privind transparenţa și previzibilitatea condiţiilor de muncă în Uniunea Europeană în legislaţia internă
Numărul 6 Anul 2022
Law no. 283 of 17 October 2022 for the amendment and completion of Law no. 53/2003 – Labour Code, as well as Government Emergency Ordinancep no. 57/2019 on the Administrative Code published in the Official Gazette no. 1013 of 19 October 2022 aimed at the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. Directive (EU)...
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Acordurile colective – convenții de muncăale funcționarilor publici
This article is devoted to the presentation and analysis of legal provisions on collective agreements, that is, those agreements concluded in written form between public authorities or institutions and the legal representatives of public officials. These agreements are similar to collective agreements regulated by law in the case of employees. They shall bear a different name for at least two reasons: – concern the activity of p...
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Reprezentarea colectivă sindicală în Spania
Numărul 5 Anul 2022
In this article, the focus is on collective trade union representation in Spain through trade unions, which is exercised through the trade union section and trade union delegations. The trade union section is nothing but the trade union that acts within the enterprise and exercises the faculties that legally correspond to it by the legal imperative. Thus, the creation of a trade union section by union-affiliated workers is not limited t...
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Efecte ale modificărilor aduse de Legea nr. 213/2020 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii asupra termenelor privind completarea și transmiterea datelor în registrul general de evidența salariaților
Numărul 5 Anul 2022
With the introduction in the Labor Code, expressis verbis, of the possibility of solving individual labor conflicts through the conciliation of the external consultant specializing in labor law, a series of problems were triggered, that might be related to the way of completion and communication in REVISAL of those solutions found by the parties of the labor relationship. Thus, the resolution of an individual labor conflict may concern aspect...
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Libertatea sindicală în Italia
Numărul 5 Anul 2022
In this article, the national and international norms that regulate trade union freedom in Italy are analyzed, among which we list: the Italian Constitution, the Conventions of the International Labor Organization no. 87/1948 and no. 98/1949, both ratified in Italy by Law no. 367 of March 23, 1958, etc. At the same time, the ownership of freedom of association and the „trade union” nature of the protected organization were also taken i...
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Timpul de muncă şi timpul de odihnă potrivit dreptului Uniunii Europene
The article analyzes, starting from the European legislation, the notions of working time and rest time as well as the less common situations that require a classification in one of these two notions. Moreover, the analysis of the case law of the Court of Justice of the European Union includes the discussion of concrete situations which have raised real problems of interpretation of the law inu this field, demonstrating that these two notions r...
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Consideraţii generale privind concediul pentru îngrijitor
Numărul 4 Anul 2022
In recent years, there has been a need to balance family and work life to make modern workplaces more responsive to increasingly diverse family needs. We see this type of leave as an important step towards that balance. Family care leave is a leave that protects the worker and helps them keep their job. It can be granted by the sick person’s oncologist to the worker’s relative to provide care or support.
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Consideraţii privind jurisprudenţa recentă a Curţii de Justiţie a Uniunii Europene cu privire la noţiunea de timp de muncă şi impactul acesteia asupra dreptului intern
Numărul 4 Anul 2022
The Court of Justice of the European Union has relatively recently issued judgments on the interpretation of the notion of “working time” in art. 2 of Directive no. 2003/88/EC concerning certain aspects of the organisation of working time. The judgments are aimed at clarifying the time spent by a worker for participating in professional training courses organized by the employer, outside of the usual time and place of work, and, on the other h...
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Acordarea dobânzilor la sumele prevăzute în hotărâri judecătoreşti privind drepturile salariale ale personalului din sectorul bugetar
Numărul 4 Anul 2022
The law provides for the granting of remunerative interest or penalty interest in relation to the specificity of each other, but in order to grant them, a court decision is needed. At the same time, it appears irrelevant that the principal obligation is paid in instalments, the interest being due regardless of whether or not the obligations are fulfilled uno ictu, this by virtue of the principle of full compensation of the damage.U
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Regimul juridic al accidentelor de muncă și a bolilor profesionale
Numărul 3 Anul 2022
Economically active people spend around a third of their time at work. Working conditions play a significant role in the employee’s health. In good cases, they provide the opportunity for personal development, increase the socio-professional level and provide protection from occupational risks. On the other hand, they also contribute indirectly and directly to the improvement of social relations, self-esteem and the development of benefi...
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Aportul dreptului muncii la gestionarea riscurilor de mediu
The article analyzes the impact of the ecological transition on the employers’ obligations to make changes in order to act in assessing and combating the negative consequences of their activity on the environment. Ecological imperatives therefore penetrate the rules that govern professional relations, having consequences in the fi eld of labour law as well. The author indicates and analyzes the regulations with an impact in this field.
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O reglementare mult așteptată – activitatea prestatorului casnic
Numărul 3 Anul 2022
Prior to the adoption of Law no. 111/2022 on the regulation of the activity of the domestic provider, the labor legislation did not contain special provisions on this aspect. Domestic activity is occasional, unqualified, carried out by a domestic provider in connection with the household/households of a family or a single person, as a domestic beneficiary. The activities carried out by people who occasionally practice the profession of nanny ...
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