Arhiva
Pagina 16 din 23
Punct de vedere referitor la Decizia nr. 41/2019 pronunţată de Înalta Curte de Casaţie şi Justiţie1 privind acordarea gradaţiei de merit în învăţământul preuniversitar
Numărul 6 Anul 2019
Numărul 6 Anul 2019
This article aims to remove the discriminatory situation created between the pre-school teaching staff, which ensures simultaneous teaching to a combined group consisting, as the case may be, of a small group, with children between 3-4 years, a middle group, with children between 4-5 years, and a large group, with children between 5-6 years and the primary and secondary education teaching staff, which provides simultaneous teaching ...
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Obligaţiile angajatorilor potrivit cadrului juridic de protecţie a maternităţii la locul de muncă
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The legal framework outlined by O.U.G. no. 96/2003 regarding the protection of maternity at work places stipulates that employers have, as a rule, two categories of obligations: the obligation of evaluation and information; the obligation to take protective measures but also a series of prohibitions regarding the exposure of the workers concerned, as well as the prohibition of night work and the prohibition of dismissal. In Europe,...
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Consideraţii generale privind reglementarea muncii la domiciliu în administraţia publică din România prin Codul administrativ
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The administrative code adopted recently by GEO no. 57/2019, provides, finally, as a novelty for the Romanian public administration, the possibility of working at home only for the staff employed under a contract and not for the civil officers, as it is necessary to make a distinction between these who, are rather located in a „grey area”.
The economics of the text of law refers to the common law regulations in the...
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Piaţa muncii în contextul dezvoltării sistemelor digitale
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The fourth industrial revolution, as it is now called, or Industry 4.0 is characterized by the digitization of industrial processes, leading to a transfer of decision-making autonomy to digital intelligent systems, to artificial intelligence.
Digitization can bring major benefits to companies, robotization, intelligent systems, icloud services are an important factor that can contribute to the efficiency of the activity. However, one sho...
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Încetarea raporturilor de muncă în cazul pensionării
Numărul 6 Anul 2019
Numărul 6 Anul 2019
With general character, art. 56 of the Labor Code regulates the termination of the existing individual employment contract in several situations, a printer which includes:
– at the date of cumulative fulfillment of the standard age conditions and the minimum contribution period;
– at the date of communication of the pension decision in the case of the invalidity pension of the third deg...
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Modifi carea unilaterală a fi șei postului de către angajator
Numărul 5 Anul 2019
Numărul 5 Anul 2019
The job description has always been a controversial topic in employment relationships, being among the most debated aspects of the individual employment contract. The lack of an explicit and detailed regulation of the structure and content of this document has given rise to numerous intrigues and dilemmas among employers and employees, especially in times of conflict. The most sensitive point in the employee-employer relationship is the possi...
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Protecţia datelor cu caracter personal la misiunile diplomatice și oficiile consulare ale României în străinătate
Numărul 5 Anul 2019
Numărul 5 Anul 2019
The topic chosen for the article is a relevant one, on which the opinions were formulated by specialists, but given the relatively little practice due to the fact that the Regulation 679/2016 regarding the protection of personal data is of recent date, there are a lot of questions that have not yet been answered. I point out that in the studied literature we have found few studies subjected to systematic research that highlight the issues addr...
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Particularităţi privind analiza practică a discriminării în domeniul muncii. Cazul discriminării prin concediere a membrilor de sindicat
Numărul 5 Anul 2019
Numărul 5 Anul 2019
The article presents the author’s particular considerations regarding the technical legal way of analyzing and finding a discrimination confined to a specific case of discrimination in the field of work.
The object of the case is to find a discrimination in the workplace on the criterion of union membership or membership, under the aspect of two facts, one consisting of the employer disagreement regarding the formation of a union – the ...
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Dreptul personalului didactic din învăţământul preuniversitar la majorarea salarială pentru predarea simultană în temeiul Legii-cadru nr. 153/2017
Numărul 5 Anul 2019
Numărul 5 Anul 2019
Until 1st January 2019 only teaching staff from primary and secondary education could legally benefit from extra payment for simultaneous teaching, the right being recognized by art. 6 of chapter I of annex 5 of Law no. 63/2011, then by art. 33 paragraph 4 letter f of the Government Emergency Ordinance no. 57/2015, and from 1st July 2017 through art. 38 of the framework Law no. 153/2017 on the etapized application of the new law.
Taking...
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Importanţa formării profesionale în contextul dezvoltării sistemelor de Inteligenţă Artificială (IA)
Numărul 5 Anul 2019
Numărul 5 Anul 2019
Employee training is a necessity on the labor market, not only in Romania, but throughout the world. The employer, according to the Labor Code, is obliged to send the employees to training once every 2 or 3 years depending on the number of employees. He also has the obligation, according to the same Code, as we know, if he has more than 21 employees to work out annually and apply training plans.
Artificial Intelligence is, and remains, ...
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Clauza penală în raporturile de muncă
Numărul 5 Anul 2019
Numărul 5 Anul 2019
The article analyzes the problem of the penalty clause in individual employment contracts, considering the specificity of the employment relations and the way of regulating the patrimonial liability of the employee in the Labour Code. The analysis contains the relevant judgments of the Constitutional Court and the High Court of Cassation and Justice in the field.
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Problematica admisibilităţii clauzei penale în domeniul raporturilor de muncă
Numărul 4 Anul 2019
Numărul 4 Anul 2019
This article clarifies some legal aspects regarding the legality of incorporating the penalty clause in the individual employment contract by the employer. According to the author, the civil law regarding the penalty clause is not applicable – for the most part – to labor relations, as it contravenes the specificity of this category of relationships. However, there are also exceptional situations in which the application...
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Consideraţii referitoare la regimul juridic al perioadei de probă
Numărul 4 Anul 2019
Numărul 4 Anul 2019
This article aims to tackle a number of issues arising in connection with the probationary period, regulated under the Romanian Labor Code. Concretely, the paper scrutinizes the optional character of the clause regarding the probationary period, the consequences arising from the case where the employer fails to inform the employee on the probationary period, prior to the conclusion of the individual employment agreement, the length o...
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Noua reglementare a răspunderii administrativ-disciplinare a funcţionarilor publici
Numărul 4 Anul 2019
Numărul 4 Anul 2019
The Administrative Code brings together the whole issue of organizing and operating public institutions, staff status and administrative accountability. Administrative-disciplinary liability is a new concept that changes the vision of disciplinary law.
The civil servant dissatisfied with the sanction applied may address the administrative court requesting the cancellation or modification of the sanctioning act.
Contractual staff ...
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Flexibilitatea funcţională sau cum acoperim nevoia de forţa de muncă: cumul de funcţii, cumul de atribuţii sau ore suplimentare?
Numărul 4 Anul 2019
Numărul 4 Anul 2019
The management of the employees’ skills depends essentially on the initial professional evaluation by means of the prior verification of the professional/personal skills/abilities of the persons who request the employment in relation to the forecast job descriptions and the work load/working time (for each position) which has to be performed during the full-time, part-time schedule, according to the law. The duties in the job descri...
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