Arhiva
Pagina 14 din 22
Răspunderea disciplinară a militarilor
Numărul 5 Anul 2020
In this article, the author analyzes the disciplinary liability of the military. The disciplinary offenses and sanctions of this category of personnel, the disciplinary sanctioning procedure, the means of appeal and the cancellation of the disciplinary sanctions applied to the military are taken into account.
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Răspunderea civilă a funcţionarilor publici
Numărul 5 Anul 2020
In this article, the author analyzes the civil liability of civil servants – a form of legal liability that resides in a legal relationship of obligations in which the responsible person must repair the unfair damage suffered by another person. The conditions and cases of civil liability, as well as the procedure for establishing and recovering damages, are taken into account.
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Sistemul contractelor individuale de muncă din sectorul privat și public versus sistemul actelor administrative de numire în funcţia publică
Numărul 5 Anul 2020
To the typology of individual labor contracts in the private and public sector traditionally regulated by the Labor Code and other relevant normative acts, new individual labor contracts for public administration have been added through the Administrative Code, which has also produced a slight diversification also with regard to the administrative act of appointment to public office.
All these contracts are part of a large system of ind...
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Răspunderea penală în dreptul muncii. Legislaţia penală cu aplicare în sfera dreptului muncii
Numărul 4 Anul 2020
A stable legislative system that can provide the security and the trust to give to the population a high degree of confidence in the legal institutions of the state is recognized in all states of the world. A large number of rules that are often amended or changed do not bypass labor law and especially criminal liability in labor law.
The current Romanian legislation, as it was adapted to the occasion of improving the criminal legislat...
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Angajarea străinilor non-UE în România, proceduri, aspecte legislative
Numărul 4 Anul 2020
This article aims to provide updated information on the employment procedure of foreign citizens from non-EU countries, a topic of interest in the context of the labor crisis in Romania and the increase in labor migration with Romania’s accession the EU.
We analyze the whole process of obtaining a long-stay visa for employment in the perspective of the legislative regulations in force in the field of labor immigration.
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Consideraţii juridice privind Cauza C-644/19, Universitatea „Lucian Blaga” Sibiu e.a.
Numărul 4 Anul 2020
The article aims to highlight the particular considerations of the author regarding the request for a preliminary ruling in Case C-644/19, „Lucian Blaga” University of Sibiu etc.
In this way, the author seeks to analyze and issue legally reasoned opinions on the subject-matter of the reference in question, namely:
– whether there is discrimination within the meaning of European Union law as regards the employer’s ability to disti...
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Executarea de către angajator a obligaţiei ce-i revine în urma anulării deciziei de concediere și repunerii părţilor în situaţia anterioară
Numărul 4 Anul 2020
The practice of labor relations and the judicial practice in this matter encounter permanent difficulties in connection with the interpretation and application of provisions of labor law. Even if almost 18 years have passed since the entry into force of Law no. 53/2003 – Labor Code, a series of regulatory solutions contained in this normative act, most of which impose obligations on the employer in relation to employees, raises problems ...
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Incidenţa prescripţiei extinctive şi a decăderii în situaţia nerespectării unor termene substanţiale reglementate de Codul muncii
Numărul 3 Anul 2020
The incidence of substantial time limits (extinctive prescription or loss of rights) regulated by the Labour Code certainly has a significant positive impact on internal judicial theory and practice, with the need to analyze as thoroughly as possible the two categories of substantial time limits, as well as the legal institutions that are closely related to their application in employment law.
This analysis has the role to contribute as...
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Noţiunile de „funcţionar public”, „salariat” şi „personal contractual” în viziunea Codului administrativ şi din perspectiva corelaţiei cu alte acte normative
Numărul 3 Anul 2020
The present study aims to analyze the meaning of the notions of „civil servant”, „employee” and „contractual staff” in the vision of the Administrative Code.
This normative act enshrined for the first time, in the legislative history of Romania, legal rules applicable to all categories of staff working in the public administration.
Such a situation reveals a recognition by the legislator of the fact that, beyond the different leg...
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Pauze şi repausuri potrivit Codului muncii
Numărul 3 Anul 2020
In the present article the author analyses rest time forms regulated during the work schedule (lunch break), the one at the end of the daily work schedule (daily rest), as well as the one at the end of the week (weekly rest).
It is emphasized that working time cannot be continuous, as it is intersected or segmented by daily and weekly rest periods. There is a symbiosis between working time and rest time.
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Soluţii privind desfăşurarea raporturilor de muncă în contextul digitalizării şi flexibilizării lor
Numărul 3 Anul 2020
Labor relations in the 4th industrial revolution, as it is now called or Industry 4.0 is characterized by the increasingly rapid and complex digitization of the way of working. The worker is being helped more and more by digital systems, by artificial intelligence.
Labor relations undergo notable changes compared to what we were taught. Digitization helps us to make more flexible our jobs, our work schedule, to work in a different way t...
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Convenția Organizației Internaționale a Muncii nr. 190/2019 privind eliminarea violenței și hărțuirii în lumea muncii
Numărul 3 Anul 2020
On the occasion of the 108th International Labor Conference, held in Geneva, was adopted, by a large majority (439 votes in favor, 7 against and 30 abstentions), Convention no. 190 of June 21, 2019 on the elimination of violence and harassment in the world of work, to which was added Recommendation no. 206 with a view to guiding the Member States in the application of the Convention.During the debates at the Conference, it was emphasized...
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Concediul de odihnă – drept principal al angajaţilor
Numărul 2 Anul 2020
Rest leave is a main right of the employees, which responds to the need to restore the work force after a period of professional activity, usually 12 months. He is a right that implies the conjugation of two sides, namely the one regarding rest during the leave, which has a non-patrimonial character and the other patrimonial side, representing the leave allowance.
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Aspecte legate de job sharing – o nouă formă de prestare a muncii
Numărul 2 Anul 2020
The policies of Member States constantly underline the utility of job sharing agreements in the labour fields as important instruments that respond certain flexibility needs coming from employees, thus ensuring an optimal balance between professional and personal life. Starting from these considerations, in this article we shall analyse some aspects related to the utility of this type of contract, eventuality of implementation in our country.
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Consideraţii privind acordarea unui ajutor financiar pentru plata serviciilor oferite de bonă
Numărul 2 Anul 2020
The establishment of the legal framework for the granting by the local public administration authorities of aid to families with preschool children was the subject matter of a normative act, which provides the requirements for granting financial aid, the necessary documents, the granting procedure, as well as the suspension, termination or recovery of the unduly collected amounts. The nanny profession was regulated a few years ago. T...
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