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Câteva considerații privind neconstituționalitatea dispozițiilor art. 50 lit. e) C. muncii
Numărul 2 Anul 2019
Numărul 2 Anul 2019
The paper seeks to identify and develop the arguments that support the unconstitutionality of the provisions of art. 50 lit. e) of the Labor Code, according to which: „The individual labor contract is legally suspended in the following situations: (…) e) the performance of a managerial position paid in Union”.
The starting point for this scientific approach is the lifting of the unconstitutionality of the provisions mentioned befo...
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Încetarea de drept a contractului individual de muncă în condițiile prevăzute la art. 56 alin. (1) lit. c) C. muncii – reglementări noi și posibile controverse
Numărul 2 Anul 2019
Numărul 2 Anul 2019
The individual employment contract may cease in law in certain cases expressly regulated by the legislator. Termination of the contract with the retirement of the employee is probably one of the ways that created the most controversy in the literature and in practice. The most recent changes, though proposing a different perspective on the text, we believe will create blurring in their transposition.
However, the text of the law restores...
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Considerații privind detașarea judecătorilor pentru desfășurarea activităților în cadrul birourilor electorale
Numărul 2 Anul 2019
Numărul 2 Anul 2019
The Labor Code regulates the general framework of the assignment institution within the employment relation, which also applies to employment relations governed by special laws, only insofar as they do not contain specific derogating provisions. Concerning judges and prosecutors, we identify in a series of normative acts a form of assignment which represents the exception from the form established in the common law, the Labor Code, and even f...
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Aspecte privind detașarea transnațională
Numărul 2 Anul 2019
Numărul 2 Anul 2019
The detachment of workers in the countries of the European Union and in the territory of the Swiss Confederation is governed both by European rules (Directive no. 96/71/EC, Directive no. 2014/67/EU and Directive no. 2018/957) and national (Law no. 16/2017).
Transnational detachment resembles both posting, but above all delegation from our national law.
The basic principle of the rules in this area is non-discrimination, meaning t...
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Aspecte cu privire la prelucrarea datelor cu caracter personal ale angajaților
Numărul 1 Anul 2019
Numărul 1 Anul 2019
The processing of the employees’ personal is a sensitive subject. Such a processing has to observe the legal provisions established at the European Union’s level. Otherwise, the employers undertake the risk to be subject to significant fines. In this article we shall analyze the grounds for processing the employees’ personal data.
...
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Aspecte legate de contractul de muncă pe durată determinată în lumina reglementărilor europene și interne. Analiză comparativă
Numărul 1 Anul 2019
Numărul 1 Anul 2019
The regulations specific to the labour agreement concluded for a determined period of time are provided under article 82 -87, Chapter VI, of the Labor Code. Although, in many ways, the transposing of the European Directive provisions in the internal legislation has been done in compliance with the general rules imposed by Directive, with respect to the consistency of the legal text and clarity of its writing, a series of notable particularitie...
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Despre contractul de internship, din perspectiva recentei sale legiferări în România
Numărul 1 Anul 2019
Numărul 1 Anul 2019
The mechanism of cooperation between students or fresh graduates, on the one hand, and employers (companies and legal entities set up for the purpose of profit), on the other hand, is known and used in many countries of the world.
Recently, through Law no. 176/2018 was legalized also in Romania this new sort of legal relationship.
The emergence of this normative act has generated sometimes divergent views on opportunity, and esp...
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Aspecte legate de contractul cu fracțiune de normă în lumina reglementărilor interne, internaționale și europene. Analiză comparativă
Numărul 1 Anul 2019
Numărul 1 Anul 2019
The European policies constantly underline the utility of part-time agreements in the labour fields as important instruments that respond certain flexibility needs coming from the employees, thus ensuring an optimal balance between the professional and personal life. From this perspective, the EU Directive 97/81/CE concerning the Framework Agreement on part-time work underlines, through its content, the importance of this work schedules and en...
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Statutul Inspectorului de Muncă
Numărul 1 Anul 2019
Numărul 1 Anul 2019
Law no. 337/2018 on the statute of the labour inspector regulates the statute of civil servants appointed to the specific public position of labour inspector, namely the specific rights, duties and incompatibilities applicable to the labour inspector. This study attempts to analyze the main aspects that have been regulated, by reference, among others, to the provisions of Law no. 108/1999 for the establishment and organization of the Labour Ins...
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Încetarea contractului individual de muncă în cazul pensionării
Numărul 1 Anul 2019
Numărul 1 Anul 2019
Art. 56 para. 1 lit. c) of the Labor Code, modified through Government Ordinance no. 96/2018 and under the decision of the Constitutional Court no. 759/2017 provides for the following cases of legal termination of the individual labor contract, namely:
– at the cumulative fulfillment of the standard age conditions and the minimum contribution period;
– on the date of communication of the decision on partial early retirement, early...
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Particularitatea prejudiciului cauzat prin nerespectarea normelor cu privire la bunul găsit
Numărul 6 Anul 2018
Numărul 6 Anul 2018
We are in the contemporary period when human being creates damages either to properties or to non-property. He would like to give back time and recover the wrong done, but it’s impossible. Thus, the legislature has established the civil sanctions to repair the damages and restore the previous situation without need to search for the impossible.
...
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Raporturile juridice de muncă (de serviciu) ale militarilor
Numărul 6 Anul 2018
Numărul 6 Anul 2018
The author analyzes the service legal relations of the military – a kind of legal relations, which are based on the provisions of Law no. 80/1995.
Professional soldiers and gradated constitute a distinct body of military personnel recruited on a voluntary basis and at the base of the military hierarchy that are subject to the regime established by Law no. 384/2006.
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Organizarea, funcționarea și atribuțiile compartimentelor de resurse umane în Franța
Numărul 6 Anul 2018
Numărul 6 Anul 2018
In recent years, in order to ensure their sustainability, Small and Medium Sized Enterprises (SMEs) in France have been increasingly obliged to employ competent staff to motivate them and to be prepared to outface with the growing challenges of in the workplace. In this context, the objective of the representatives of the Ministry of Economy together with the representatives of the University of Applied Sciences in Business Psychology in Franc...
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Aspecte privind compensarea muncii suplimentare, a muncii în zilele de repaus săptămânal și a muncii în zilele de sărbătoare legală
Numărul 6 Anul 2018
Numărul 6 Anul 2018
Compensation of overtime, of work on week-ends and of work on legal holidays generates practical difficulties. Moreover, employers face situations when the employees perform overtime on week-ends, on legal holidays or on days which are at the same time on week-ends and on legal holidays. Our article aims at clarifying the manners to be observed by employers in order to compensate the employees’ work in these situations.
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Consideraţii privind individualizarea sancţiunii disciplinare; sancțiunea intermediară
Numărul 6 Anul 2018
Numărul 6 Anul 2018
In case of admitting the complaint against the disciplinary sanction of termination of the individual employment contract, the court may itself establish the application of another disciplinary sanction, necessarily more lenient. They were called intermediate sanctions. These lie between the most lenient sanction, namely the written warning and the most serious, the disciplinary termination of the individual employment contract. By replacing ...
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