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Evoluții recente in materia telemuncii
Numărul 5 Anul 2021
Numărul 5 Anul 2021
When talking about labour laws, we are currently witnessing a revolution in the traditional way of working that is affecting all of us today. It involves a recognition of the importance of flexibility in individual employment relationships through the widespread use of telework. Apart from the advantage in terms of flexibility that teleworking offers in Romania, matters are not simple at all from the point of view of the applicable legal regim...
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Considerații juridice privind Cauza C-301/21, Curtea de Apel Alba Iulia e.a.
Numărul 5 Anul 2021
Numărul 5 Anul 2021
The article aims to highlight the particular considerations of the author regarding the request for a preliminary ruling in Case C-301/21, Alba Iulia Court of Appeal, etc.
The author seeks to analyze and issue legally reasoned opinions on the subject-matter of the reference in question, namely:
– Union law allows the period of 3 years for the formulation of the claim to run exclusively from the date of occurrence of the damage or...
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Prevenirea hărțuirii morale la locul de muncă în contextul noilor modificări legislative
Numărul 5 Anul 2021
Numărul 5 Anul 2021
In this article we will focus on Government Ordinance no. 137/2000 on the prevention and punishment of all forms of discrimination, as supplemented and amended by Law no. 167/2020, because it gives particular interest to moral harassment in the workplace, a topic we want to analyse from the perspective of forms and preventive measures.
We will also give examples of types of unacceptable behaviours that must be qualified as minor or seri...
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Aspecte privind rolul muncii digitale in reconcilierea vieții profesionale cu viața privată
Numărul 5 Anul 2021
Numărul 5 Anul 2021
This study aims to analyze the impact that the technological development has on the plan of working relationships, as well as beyond them, in the private life. Carrying out the professional activity at a distance through the use of information and communication technology implies the free assumption by the employee of the organization of work that departs from the classical form, but the consequences are not always the desired ones. In this n...
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Transportul urban alternativ prin intermediul platformelor digitale
Numărul 5 Anul 2021
Numărul 5 Anul 2021
Starting from the Uber application, published in the USA (in 2010), a new form of work in the field of alternative urban transport has developed in European countries, including our country. The Court of Justice of the European Union (Grand Chamber), in its judgment of 20 December 2017 in Case C-434/15, ruled that an alternative transport intermediary service using a smartphone application must be classified as a ‘transport service’...
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Câteva consideraţii cu privire la activităţile prestate în baza unui contract individual de muncă, ce nasc drepturi de autor şi drepturi conexe. Studiu de caz asupra legislaţiei româneşti
Numărul 4 Anul 2021
Numărul 4 Anul 2021
In the frame of an employment relationships, the performance of duties is an obligation of the employee. However, under Law no. 8/1996 on copyright and related rights republished, with subsequent amendments and completions, the employee may acquire property rights in the form of copyright and related rights on some results of his work, under certain conditions.
What are the limits within which the two parties – the employee and th...
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Efectuarea pontajului pe baza amprentei. Ingerinţă în viaţa privată
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The article aim is to analyze the legislation and jurisprudence regarding the use of biometric data by employers in order to establish the working time and to present which are the legal possibilities available to an employee who does not agree with the use of his biometric data.
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O analiză a cadrului normativ privind registrul general de evidenţa salariaţilor
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The general register of employees is a document whose source is found in Law no. 53/2003 on the Labor Code rep., With subsequent amendments and completions and which benefit from a normative framework approved by government decision. This normative framework establishes rights and obligations for both parties of the individual employment contract, so we intend to analyze in certain particular cases, the capacity of the employee and the employer...
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Revizuirea – cale extraordinară de atac în soluţionarea conflictelor de muncă
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The revision is an extraordinary appeal of withdrawal and unsustainable of execution, which is exercised against the decisions pronounced on the merits or which evokes the merits and the reasons for revision are expressly and limitingly provided by art. 509 para. 1 pt. 1-11 C. pr. civ.
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Consideraţii referitoare la modificările recente aduse prin Ordonanţa de urgenţă a Guvernului nr. 37/2021 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii
Numărul 4 Anul 2021
Numărul 4 Anul 2021
In order to create favourable conditions for the development of the business environment and the need to simplify the procedures specific to the human resources activity, especially for micro-enterprises, the G.E.O. no. 37/2021 for the amendment and completion of Law no. 53/2003 of the Labour Code was adopted. For micro-enterprise employers, the normative act eliminated the obligation to draw up the job description for the employees, eliminat...
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Asemănări şi deosebiri între contractul individual de telemuncă şi contractul individual de muncă la domiciliu – cu accent pe abrogarea lit. c) de la alin. (2) al art. 5 din Legea nr. 81/2018 –
Numărul 4 Anul 2021
Numărul 4 Anul 2021
Starting from the most important similarities between the individual telework agreement and the individual work from home employment agreement, we want to point out, that as regards the differences, the most important one with many implications relating to other differences, which, moreover, was originally based on an important similarity linked to the place of work (an element which confers the specificity of work from home), we believe that ...
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Locurile de muncă în contextul actual al digitalizării
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The development of digitization, including artificial intelligence, has increased greatly, especially at a time when the need to protect workers in companies has increased and is more isolated, however, there is a need to continue their work.
Artificial intelligence, self-learning algorithms, natural language processing, portable devices, ‘smart’ machines, it already means the future of collaboration between people and technology. ...
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Digitalizarea contractului individual de muncă, încheierea, derularea şi încetarea în format electronic a acestui document, cu semnătură electronică
Numărul 4 Anul 2021
Numărul 4 Anul 2021
The need for efficiency and continuous improvement of employment relations, as well as the need to simplify procedures specific to the human resources activity, require the regulation of the employer’s possibility of using the advanced electronic signature or qualified electronic signature accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer when concluding the individual e...
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Roboţii şi forţa de muncă
Numărul 4 Anul 2021
Numărul 4 Anul 2021
Robot work is increasingly present in our lives. The robots were created by man to help him in his professional activity, but also in the household.
Experts say that humanity is currently experiencing a new industrial revolution – the fourth, determined by the expansion of artificial intelligence, indispensable in robotics, but also in other cutting-edge fields, such as the Internet and wireless technology. Thanks to artificial intellig...
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Scurt istoric al dialogului social în România
Numărul 3 Anul 2021
Numărul 3 Anul 2021
The fact that lately the situations in which employers and employees resort to atypical forms of work have developed more and more urges us to think about what social dialogue means in the context of telework, work at home or temporary work. The essential changes that take place on the labor market and that change the paradigm of the permanent job, organized by the classic employer, determine new content issues in the field of social dialogue.
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