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Pagina 13 din 22
Discriminarea la locul de muncă
Numărul 2 Anul 2021
Numărul 2 Anul 2021
The principle of non-discrimination and equal treatment in the workplace, governed in general by European rules (Treaty on the Functioning of the European Union, Charter of Fundamental Rights, Directive 2000/78, Directive 2000/43 and Directive 2006/54/CE), is developed by our national law (Government Ordinance no. 137/2000, Law no. 202/2002 and, in particular, Article 5 of the Labor Code).
The latter normative act defines direct discri...
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Drepturile pacientului raportat la personalul medical – analiză a legislaţiei naţionale și internaţionale
Numărul 1 Anul 2021
Numărul 1 Anul 2021
This article purpose is to analyze the patient’s rights which result from national and international law, as well as the legal possibilities available to the patient when these rights are violated.
Keywords:
patient’s ...
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Rolul expertului în legislaţia muncii în respectarea drepturilor, îndatoririlor și intereselor legitime ale părţilor
Numărul 1 Anul 2021
Numărul 1 Anul 2021
According to art. 17 para. 6 of the Labor Code when negotiating, concluding or amending the individual employment contract, any of the parties may be assisted by third parties, according to their own option, respecting the confidentiality of the information provided. This confidentiality must be ensured in accordance with the new provisions of Regulation (EU) 2016/679 on protection of individuals with regard to the processing of personal data p...
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Reflecţii asupra muncii suplimentare și repausului săptămânal
Numărul 1 Anul 2021
Numărul 1 Anul 2021
The legal regime of the work performed on the weekly rest days is regulated by norms related to two legal institutions, respectively those that regulate the additional work, on the one hand, and those that concern the weekly rest, on the other hand.
Keywords:
...
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Recentele modifi cări ale Codului muncii privind discriminarea în muncă
Numărul 1 Anul 2021
Numărul 1 Anul 2021
Convention no. 111 of the International Labor Organization prohibits discrimination in employment and occupation.
Discrimination on the grounds of religious affiliation or beliefs, disability, age or sexual orientation has negative effects on a society and can also jeopardize the achievement of the objectives of the Treaty establishing the European Community, such as: a level of employment and social protection high living standards and...
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Raportul de muncă în domeniul pescuitului maritim
Numărul 1 Anul 2021
Numărul 1 Anul 2021
The employment relation in the case of the fisherman may be carried out on the basis of the individual employment contract concluded between the fisherman and the vessel owner or the temporary employment contract concluded between the private employment agency and the fisherman, to make him available to a fishing vessel owner. Fishermen must comply with orders of the ship master and the applicable occupational safety and health measures. ...
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Perioada de probă
Numărul 1 Anul 2021
Numărul 1 Anul 2021
For the purpose of the practical verification, in the workplace, of the employee’s skills, the parties may establish in their contract a trial period of no more than 90 days for operational positions and a maximum of 120 days for management positions.
It follows that the trial period is not mandatory (except for disabled persons, which in this case is the only form of verification of professional skills), it is optional, at the discret...
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Consideraţii privind modificările aduse de Legea nr. 213/2020 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii
Numărul 6 Anul 2020
Numărul 6 Anul 2020
The amendments to the Labour Code brought by the new Law no. 213/2020 (entered into force on 3 October 2020) have already sparked some controversery, especially with regard to the role of the new actors introduced in the legal landscape of the Romanian Labour Code, which – it was argued – would unnecessary duplicate the lawyer’s assistance during the course of the employment relationship. The paper aims to examine the opp...
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Răspunderea materială a militarilor
Numărul 6 Anul 2020
Numărul 6 Anul 2020
In this article, the author analyzes the material liability of the military – a specific form of liability for damages. The conditions of liability, the causes which remove the unlawfulness of the act and the procedure for establishing and recovering damages shall be taken into account.
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Răspunderea disciplinară a funcţionarilor publici
Numărul 6 Anul 2020
Numărul 6 Anul 2020
In this article, the author analyzes the disciplinary liability of civil servants – a form of legal liability. Disciplinary offenses committed by this category of staff, sanctions and the procedure for their application shall be taken into account.
Key...
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Legea nr. 273/2004 privind procedura adopţiei. Concediu de acomodare comentat prin prisma adopţiei interne şi internaţionale. Asemănări şi deosebiri
Numărul 6 Anul 2020
Numărul 6 Anul 2020
In its general sense, the term of leave determines any period of time in which employees are not required, according to the law, to perform work. As a result, all holidays are form of leisure, but not of leisure time. Theoretical and practical leave of accommodation is the result of the adoption of the Law no. 273/2004, which stipulates the right of obligation of employers and employees, similar to those regulated by the Labor Code. ...
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Consideraţii privind interdicţia expresă a clauzei de confidenţialitate în contractul individual de muncă al personalului contractual din administraţia publică
Numărul 6 Anul 2020
Numărul 6 Anul 2020
The express prohibition of the confidentiality clause in the individual employment agreement for the contractual personnel from the public administration results from the provisions of the Administrative Code. On the other hand, the obligation to respect the confidentiality of information exempted from free access to information of public interest is maintained.
In other words, the provisions on confidentiality in...
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O nouă modalitate de soluţionare amiabilă a conflictelor individuale de muncă
Numărul 6 Anul 2020
Numărul 6 Anul 2020
Until the publication of Law no. 213/2020, the alternative resolution of individual employment disputes was possible only based on the provisions contained in the Mediation Law no. 192/2006. At present, at the conclusion of the individual employment contract or during its performance, the parties may include in the contract a clause by which they establish that any individual employment dispute is settled amicably, through the conc...
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Confuzii cu repetiţie între concediere şi încetarea contractului individual de muncă în perioada de probă
Numărul 6 Anul 2020
Numărul 6 Anul 2020
This article is generated by a case decided by the courts specialized in settling employment disputes in Bucharest and by the comments on this topic published in the journal Dreptul no. 10/2020.
It is noted, which is an error, that the courts confused dismissal with the termination of the individual employment contract during the trial period. On the contrary, these are two distinct ways of permanently terminating...
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Răspunderea penală a angajatorului în dreptul muncii
Numărul 5 Anul 2020
Numărul 5 Anul 2020
The criminal liability of the employer in labor law attests the importance given by the legislative authorities to the protection of employees, not only by establishing detailed of legal provisions on labor law, but also by sanctioning those employers who, in the way how they exercise their assumed obligations, they actually do not respect the rights of their employees under the Collective Labor Agreement, the Individual Employment Contract, o...
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