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Pagina 12 din 22
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
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
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
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
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
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
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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Considerații cu privire la dispozițiile legale ce stabilesc acordarea concediului de odihnă al salariaților din sistemul bugetar. Rolul dialogului social în armonizarea normelor
Numărul 3 Anul 2021
Its compulsory that in the national law, the regulation of the right to rest leave must be established in rules empowerd at the law level, in clear rules, which do not conflict with the fundamental rights provided for by the European Charter of Human Rights, the Constitution or the rights provided for by Law No. 53/2003 republished – Labour Code, with subsequent amendments and additions. In recent times, we are witnessing an administrat...
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Apelul în soluționarea conflictelor de muncă
Numărul 3 Anul 2021
The appeal is the only ordinary remedy provided by the Code of Civil Procedure – article 466-482; is the procedural means by which the party dissatisfied with the solution given by the first instance, in civil disputes, as well as in labor disputes, invests the higher court (court of appeal, in the matter discussed) with the control of the decision of the first instance (court).
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Soluționarea litigiilor de muncă ale funcționarilor publici (la fond)
Civil servants, including those with special status (parliamentary officials, police officers, prison police officers) may be considered dissatisfied with the unilateral acts issued by the public authority/institution in which they are employed. These may concern disciplinary action, civil liability, modification or termination of employment. In such a case, those concerned have the opportunity to apply to the competent administrative c...
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Reflecții juridice privind modul de operare a transferului salariatului la o altă muncă prin prisma Codului muncii al Republicii Moldova
This study clarifies some legal issues related to the transfer of the employee to another job, considered by the legislature of Moldova as one of the main ways to change the workplace, either in the interest of the job or at the request of the employee. In accordance with the Labour Code of the Republic of Moldova, such a legal operation (even in the case of the temporary transfer of the employee) can be carried out only on the basis of a writt...
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Reflecții juridice privind măsurile de protecție a salariaților la operarea concedierii acestora prin prisma legislației Republicii Moldova
This study addresses some legal issues regarding employee protection measures – enshrined in the law of Moldova – which may take the form of permanent or temporary interdictions when dismissing employees. At the same time, we have pointed out the special rules on the dismissal of certain categories of persons and, in ...
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Problematica concedierii salariatului în legătură cu reducerea numărului sau a statelor de personal în legislația Republicii Moldova
Numărul 2 Anul 2021
This study analyzes the legal procedure for dismissing the employee as a result of the reduction in the number of staff or posts of the unit in the light of the Labour Code of the Republic of Moldova. The authors have elucidated the conditions that the employer must comply with when operating such a dismissal. Moreover, it is concluded that the operation of selecting employees for dismissal in accordance with the stated legal basis falls under...
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Considerații privind modificarea cadrului legislativ privind detașarea salariaților în cadrul prestării de servicii transnaționale
Numărul 2 Anul 2021
At present, the extremely dynamic environment for the provision of services at transnational level requires an increasing number of entities to temporarily second employees to the territory of a State other than the State in which they are normally employed. In this context, the acquisition of a transnational dimension by labor relations often raises problems as to the legislation applicable to these labor relations.
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Hărțuirea la locul de muncă
Numărul 2 Anul 2021
This article analyzes harassment at work in the light of the Labor Code, Law no. 202/2002 on equal opportunities and treatment between women and men and O.G. no. 137/2000 on the prevention and sanctioning of all forms of discrimination. The latter normative act defines moral harassment in the workplace as „any behavior that, by its systematic nature, may harm the dignity, physical or mental integrity of an employee or group of employees...
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Organizarea profesiei de expert legislația muncii în dreptul comparat
Numărul 2 Anul 2021
In order to clarify the organization of the profession of expert in labour law in Romania, we have made an international analysis and identified similar professions in Europe (Italy, Spain, Belgium and France), America (Canada) and Asia (Japan and South Korea), with different names, but almost identical skills. We have thus found, in the legislation of the countries we have studied, the following professions similar to the expert in la...
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Pagina 12 din 22