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Pagina 11 din 22
Mutații legislative in materia răspunderii disciplinare a funcționarilor publici. Posibile lacune
Numărul 6 Anul 2021
Numărul 6 Anul 2021
This study aims to analyze the changes in the legal regime of disciplinary liability of public services. Both the old Law no. 188/1999 on the Statute of civil servants by art. 79, as well as the Administrative Code, in its first form, referred to a Government decision on the organization and functioning of Disciplinary Boards.
The Constitutional Court, by Decision no. 737/2020 declared the provisions unconstitutional. This situationimpo...
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Câteva considerații privind clauza de neconcurență. Elemente de drept comparat
Numărul 6 Anul 2021
Numărul 6 Anul 2021
In particular, individual employment contracts may extend non-compete obligations and limit the activities performed by former employees even after the end of the employment contracts, by means of non-compete clauses. Such clauses are lawful under the current Labour Code, provided that they comply with applicable validity requirements. Nevertheless, the enforceability of non-compete clauses raises many issues in several international legal sy...
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Activitatea de telemuncă în pandemie
Numărul 6 Anul 2021
Numărul 6 Anul 2021
The concept of human rights, as developed at the international level, serves as an important support for substantiating the idea of the existence of civil rights and freedoms. The concept of human rights has a much broader significance than that of civil rights, because human rights are universally valid rights, applicable to all human beings, while civil rights are, by their very name, specific to a certain group of people, namely the citizens...
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Obligația de a ne vaccina și certificatul verde „green pass” la locul de muncă in Italia
Numărul 6 Anul 2021
Numărul 6 Anul 2021
Italy has strongly and constantly supported the vaccination campaign. An important support came from the unions, as well as from the legislature. By Decree-Law no. 44 of 1 April 2021, the Italian Government adopted urgent rules to prevent contamination with the SARS-CoV-2 virus by providing the vaccination obligation for the medical staff. The obligation is temporary, ie until 31 December 2021, when the emergency situation ceases.
...
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Promovarea angajării şi a muncii decente într-o lume în schimbare
Numărul 6 Anul 2021
Numărul 6 Anul 2021
The article analyses the main issues addressed in the study Promouvoir l’emploi et le travail decent dans un monde en mutation presented by the Committee of Experts on the Application of Conventions and Recommendations at the 109th Session of the International Labour Conference (2020). It approaches the future of work in the context of globalization, climate change and environmental concerns, the evolution of technological innovations...
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Părți in conflictele/Litigiile de muncă
Numărul 5 Anul 2021
Numărul 5 Anul 2021
The existence of a civil lawsuit cannot be conceived without the presence of two parties – at least – who have opposing interests: the plaintiff – who makes a claim (in this case the employee) and the defendant – against the claimant (the employer).
According to the provisions of the Labor Code, employees, trade unions and employers, as well as other legal or natural persons have this vocation.
Both labor disputes in the case of ...
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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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