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Pagina 19 din 23
Contractul de activitate sportivă – o reglementare legală inutilă
Numărul 5 Anul 2018
Numărul 5 Anul 2018
Law no. 69/2000 regulates in the case of performance sportsmen the possibility of performing the activities within a sports structure by concluding either an individual labor contract or a sportive activity contract. This legal solution gives birth to confusions regarding the juridical regime applicable.
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Regimul juridic privind acordarea biletelor de valoare angajaţilor
Numărul 5 Anul 2018
Numărul 5 Anul 2018
A recent regulatory act, applicable next year, governs in a unitary manner a series of benefits granted to employees in the form of vouchers, which include meal vouchers, gift vouchers, nursery vouchers, cultural vouchers and holiday vouchers. The new provisions outline an appropriate legal framework for providing such benefits both on paper and in electronic form.
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Internshipul
Numărul 5 Anul 2018
Numărul 5 Anul 2018
This paper analyzes the specific regulatory conditions of a new type of contract – the internship contract, regulated this year by Law no. 177/2018. The provisions on the conclusion, suspension and termination of the contract, the rights and obligations of the parties, the assessment of the intern’s work, the duties of the mentor and other specific institutions are dealt with in detail.
We emphasize that internship was already use...
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Pension provision to military personnel in Ukraine: new challenges
Numărul 4 Anul 2018
Numărul 4 Anul 2018
Today, the current state of pension system in Ukraine is characterized by a difficult transitional period, since the adoption of new laws still raises many issues regarding the appointment, payment and recalculation of pensions. This is especially true about military personnel who defended the independence, sovereignty and territorial integrity of Ukraine and directly took part in ...
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Considerente cu privire la aplicarea interdicţiei de încetare a raporturilor de muncă în situaţia concediului de maternitate şi a concediului de creştere a copilului, în cazul salariaţilor temporari
Numărul 4 Anul 2018
Numărul 4 Anul 2018
Maternity leave and parental leave are particular situations in which temporary employees may find themselves at a certain moment and which require the protection of employees in accordance with the law, protection which is also ensured by the prohibition to terminate the employment relationships. The complexity of the temporary employment relationship generates a number of particul...
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Controlul jurisdicţional al încetării raporturilor de serviciu ale poliţiştilor
Numărul 4 Anul 2018
Numărul 4 Anul 2018
The author analyzes the judicial review termination of police service reports by reporting to the competent court and the procedure to be followed in this regard as well as procedural aspects of the trial.
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Scurtă analiză privind criteriile utilizate pentru recalificarea convenţiilor civile în contracte individuale de muncă
Numărul 4 Anul 2018
Numărul 4 Anul 2018
The Labour Inspection has the right to establish whether the activity performed based on a different type of contract than a labour contract is actually rendered in the conditions of a labour relation. The labour legislation does not provide for the criteria based on which the Labour Inspection may conduct the re-qualification or for the consequences of such re-qualification.
It is necessary that such criteria and consequences of re-qu...
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Întinderea protecţiei datelor şi a informaţiilor aduse la cunoştinţa părţilor pe durata raportului juridic de muncă
Numărul 4 Anul 2018
Numărul 4 Anul 2018
Throughout the duration of the individual employment contract, both the employee and the employer enter in possession of data and information of a private nature, pertaining to the partner in the employment relationship. This type of information with confidential character is basically divided, from the point of view of the legal nature, in three categories: confidential data, bas...
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Perioada în care salariatul se află la dispoziţia angajatorului. Aspecte controversate
Numărul 4 Anul 2018
Numărul 4 Anul 2018
The herein study presents the meaning of the term “working time”. The interpretation of the concept of “working time” was given by the CJEU, which has constantly settled that the notions of working time and rest period belong to the European Union’s law and are subject to interpretation. Given the fact that in certain situations the border between working time and rest time is difficult to set, the CJEU has settled also ...
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Consideraţii privind standardele ce ar trebui stabilite de universităţi pentru ocuparea posturilor didactice
Numărul 4 Anul 2018
Numărul 4 Anul 2018
We want to draw attention in this material to the issue of the minimal standards – at national and university level – necessary for the occupation of all teaching positions in higher education – both from internal and external source.
They must be analyzed in the system, since the standar...
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Trăsăturile specifice esenţiale ale contractului individual de muncă şi autonomia dreptului muncii
Numărul 4 Anul 2018
Numărul 4 Anul 2018
The study analyzes the features of the individual employment contract, which distinguish it from civil contracts of service provision. It presents only those features that are exclusive and therefore relevant to this contract (legal subordination, legal status of the employee, legal prohibition for the employee to transfer part of his rights, etc.) and not those it shares with civi...
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Ce este şi cum poate fi folosită inteligenţa artificială (II)
Numărul 4 Anul 2018
Numărul 4 Anul 2018
Artificial Intelligence (IA) is a hot topic in technology, which is also present in companies or on the labor market.What is the usefulness of implementing an IA in a company of any kind? What are the issues that may arise targeting the company’s staff or internal networks? How well the company’s workers are prepared to implement such a system? Is the legisl...
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Aspecte controversate privind natura juridică a muncii zilierilor în lumina Legii Republicii Moldova nr. 22/2018 privind exercitarea unor activităţi necalificate cu caracter ocazional desfăşurate de zilieri
Numărul 3 Anul 2018
Numărul 3 Anul 2018
In order to overcome the phenomenon of “informal employment” in the field of agriculture, the Parliament of the Republic of Moldova has recently adopted the Law no. 22/2018 regarding the performance of unqualified occasional activities by the day laborers. In this article, the author analyzes the legal relationship between the day laborer and the beneficiary of work in the light of the Law no. 22/2018 of the Republic of...
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Aspecte controversate cu privire la noua reglementare a telemuncii
Numărul 3 Anul 2018
Numărul 3 Anul 2018
Telecommuting is a way of doing a work on the basis of a special type of labour contract. Both the telecommuting and the teleworker have to fulfill a number of conditions governed by the law. In addition, there are a number of special obligations under this type of labour contract, both for the employer and for the employee.
Telecommu...
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Observaţii referitoare la modificarea de către angajator a elementului “locul muncii” din contractul individual de muncă – art. 41 alin. (3) C. muncii
Numărul 3 Anul 2018
Numărul 3 Anul 2018
The individual labour contract includes both information clauses and also clauses stipulated by the parties’ agreement. The clause of the job or position is generally formulated and has informative value for the employee so that the employer can change the workplace in the same unit and the same locality by a unilateral disposition. The modification of the clause establishing a precisely determined job requires the agreement of the ...
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