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Indemnizația de neconcurență prevăzutăde Codul muncii. Clarificări privind regimul fiscal al contribuțiilor obligatorii
Numărul 6 Anul 2023
Numărul 6 Anul 2023
This research aims to analyze from the perspective of the fiscal regime the transposition of an obligation regarding the non-compete benefit apparently transposed only formally in the Labour Code, but in the context of the consequences it produces it is important to clarify its implications regarding the fiscal regime towards the legal subjects in legal relationships.
The phrase non-compete benefit as it is regulated at the level of nat...
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Consecințele schimbărilor climatice asupra forței de muncă
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The present work aims to carry out an analysis of the effects that climate change can have on the workforce, capturing the new dynamics in the field of labor relations, in the current context. It is evident that the global phenomenon of climate change brings with it numerous negative aspects that can be found in all fields and in all aspects of human life. At the center of these changes is man, in his complexity, who is both a victim of climat...
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Răspunderea juridică a studentului‑doctorand pentru încălcarea dispozițiilor legale în procesul de elaborare a tezei de doctorat potrivit noii legi a învățământului superior
Numărul 6 Anul 2023
Numărul 6 Anul 2023
Freedom of research enables the expansion of the boundaries of knowledge, recognizing researchers right to freedom of thought, expression and the possibility of choosing methods to approach problems, respecting recognized ethical principles and practices. The global academic community strongly opposes and uses all legal means to combat harmful behavior that undermines genuine scientific research conducted honestly and for the benefit of humanit...
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Răspunderea juridică a comisiei de susținere publică a tezei de doctorat pentru încălcarea dispozițiilor legale în procesul de elaborare a acesteia, potrivit legii învățământului superior
Numărul 6 Anul 2023
Numărul 6 Anul 2023
University ethics and deontology is certainly a complex and important field in academia. This refers to a set of principles and norms that regulate the behavior and actions of those involved in this process, a process in which students, teachers, researchers and administrative staff participate. In essence, by complying with these norms of university ethics and deontology, the aim is to promote integrity, honesty, responsibility, justice and r...
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Câteva aspecte legate de convocarea salariatului la cercetarea disciplinară prealabilă. Cazul special al telesalariaților
Numărul 6 Anul 2023
Numărul 6 Anul 2023
Given the complexity of the disciplinary field, both from a normative and jurisprudential point of view, this article discusses the problematic aspects in relation to the method of summoning the employee to the disciplinary investigation – as a first stage of the disciplinary procedure – with an emphasis on the legal regime of teleworkers, in which case the prior disciplinary investigation procedure involves certain particularities. The propos...
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Ghidul privind prevenirea și combaterea hărțuirii la locul de muncă – o nouă provocare a angajatorilor și lucrătorilor deopotrivă
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The Decision of the Government of Romania no. 970 for the approval of the METHODOLOGY regarding the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace, brought back to the fore a sensitive subject in labour relations in Romania. This normative act should have been a genuine work tool necessary for professionals in the management of labour relations. However, after analyzing the formulation a...
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Dimensiunile incluziunii sociale
Numărul 6 Anul 2023
Numărul 6 Anul 2023
This paper defines the concepts of social inclusion and exclusion and poverty and highlights the interactions among them with a view to identifying ways of action that would contribute to enhancing social inclusion and limiting social marginalization while focusing on social security measures.
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Conceptul de lucrător – noi dimensiuni
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The study aims to present and explain the concept of worker, as regulated by the European Union, by national rules, and as it results from the case law of the Court of Justice of the European Union.
As mentioned above, in a narrow sense, a worker means a person who performs subordinate work for a beneficiary, in exchange for remuneration. In a broad sense, the term in question also concerns other persons: those looking for a job, the u...
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Prestarea unei activităţi profesionale într-o situaţie atipică
Numărul 5 Anul 2023
Numărul 5 Anul 2023
The aims of the article are to analyse an atypical situation, derogating from the provisions of the Labor Code for the provision of a professional activity within a public institution.
Keywords:
public institution, atypica...
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Particularităţile sarcinii probei în litigiile de contencios administrativ
Numărul 5 Anul 2023
Numărul 5 Anul 2023
This article aims to identify the particularities that affect the burden of proof in disputes judged according to the rules governed by the Administrative Litigation Law no. 554/2004, in correspondence with the analysis of the legislator’s will regarding the mentioned institution which, over time, during the civil process, granted the public authorities, in the disputes concerning public officials, an atypical position compared to the civil cas...
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Reflectarea principiului privind echilibrul dintre viaţa profesională și cea privată în legislaţia română
Numărul 5 Anul 2023
Numărul 5 Anul 2023
Romania is one of the Member States of the European Union whose citizens are faced with a serious imbalance between work and private life, and the negative effects of this phenomenon are felt not only in the field of labour relations, but also at the socio-economic level (birth rate, lower employment rate, increased economic dependency ratio, etc.). The aim of this article is to analyse the effectiveness of the legislative measures adopted in ...
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Concedierea și termenul de preaviz
Numărul 5 Anul 2023
Numărul 5 Anul 2023
The right to notice in case of dismissal is an essential guarantee of the right to work and a component of the right to information that manifests itself from the conclusion of the employment contract until its final termination. This study aims to identify the contradictory practice of the courts regarding the method of calculating the notice period and illustrates from a historical perspective the legal regulations of the law, as well as the...
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Universul muncii în schimbare. Confluenţa dreptului muncii românesc cu dreptul european al muncii
Numărul 5 Anul 2023
Numărul 5 Anul 2023
Labour is, by its unique specificity and identity, the defining force that empowers human societies that include people that are similarly defined by their own particular and identity-related features. At the same time, labour is performed as an essentially social process as it is both the result of individual accumulations of knowledge, aptitudes, skills and competences and a consequence of the individual’s interaction with others...
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Încetarea contractului individual de muncă în perioada de probă
Numărul 5 Anul 2023
Numărul 5 Anul 2023
By art. 31 paragraph 3 of the Labor Code introduced a simple and quick way to terminate the individual employment contract, at the initiative of either of the two contracting parties (employer or employee).
According to this text, the respective contract can be terminated exclusively, during or at the end of the trial period by a written notification, without notice at the initiative of either party. Without needing to justify it.
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Dificultăţi în înregistrarea contractelor colective de muncă la nivelul unităţii
Numărul 4 Anul 2023
Numărul 4 Anul 2023
This article is intended to present and analyze the legal provisions regarding the registration of collective labor contracts, in order to avoid the refusal of the registration of collective labor contracts by the competent authority. Thus, the faster resolution of registration of collective labor contracts, can look at issues related to the summoning of interested parties to participate in the negotiation, power of attorney granted in order ...
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