Arhiva
Pagina 15 din 22
Sinteză de practică judiciară privind concedierea întemeiată pe dispoziţiile art. 65 din Codul muncii
Numărul 2 Anul 2020
Numărul 2 Anul 2020
One of the most frequent dismissal cases encountered in practice is dismissal based on the provisions of art. 65 of the Labor Code.
The courts, faced with the numerous appeals introduced by the dismissed workers, have made important clarifications regarding the meaning of the respective text, namely: what means „dismissal for reasons pertaining to the person of the employee”, the organizational prerogative limits ...
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Interpretarea şi aplicarea prevederilor art. 92 din Legea nr. 341/2004 cu modificările şi completările ulterioare şi ale art. 213 din Normele metodologice de aplicare a Legii nr. 341/2004 aprobate prin H.G. nr. 1412/2004 modificate şi completate prin H.G. nr. 99/2015
Numărul 1 Anul 2020
Numărul 1 Anul 2020
The article aims to present theoretical and practical aspects regarding the administrative procedure for granting the title of Fighter for the Victory of the Romanian Revolution of December 1989 – Fighter with a Decisive Role as provided by Law no. 341/2004, subsequently amended and completed, and by the methodological norms of law enforcement, as well as the solutions given by the courts regarding the clarification of the eff...
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Discriminarea pe motive de vârstă în sport
Numărul 1 Anul 2020
Numărul 1 Anul 2020
Fighting discrimination is a continuing concern in modern world sport, being among the most debated topics of international sports federations and among those who have benefited from an impressive promotion campaign, but also from the implementation of strategic rules and measures. Although over time the main reasons of discrimination encountered in sports have been those of gender and race, in Romania age discrimination has been t...
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Cetăţenia Europeană – legătura juridică dintre indivizi şi stat
Numărul 1 Anul 2020
Numărul 1 Anul 2020
The theme chosen for the article is a topical one, on which many opinions have been formulated by many specialists, but in practice there are still questions that have not found the answers. I mention that in the studied literature I have found studies undergoing systematic researches to highlight the issues addressed: European citizenship – the legal connection between individuals and the state.
Choosing the theme was not accide...
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Munca suplimentară
Numărul 1 Anul 2020
Numărul 1 Anul 2020
An exception from the normal work schedule (40 hours per week) is additional work.
This is possible only as an exception and under strictly determined conditions. Thus, the maximum legal duration of working time cannot exceed 48 hours per week. The extension of this duration is possible, but provided that the average working hours, recorded over a reference period of four calendar months (sometimes six months), doe...
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Durata redusă a timpului de muncă
Numărul 1 Anul 2020
Numărul 1 Anul 2020
In accordance with the international and European norms, our legislation regulates, as an exception, the short duration of working time.
Such duration can be directly arranged by the legislature, for example, in the case of young people up to 18 years old or in the case of employees who work under special conditions or left exclusively within the reach of the two parts of the employment relationships (employer-empl...
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Punct de vedere referitor la Decizia nr. 41/2019 pronunţată de Înalta Curte de Casaţie şi Justiţie1 privind acordarea gradaţiei de merit în învăţământul preuniversitar
Numărul 6 Anul 2019
Numărul 6 Anul 2019
This article aims to remove the discriminatory situation created between the pre-school teaching staff, which ensures simultaneous teaching to a combined group consisting, as the case may be, of a small group, with children between 3-4 years, a middle group, with children between 4-5 years, and a large group, with children between 5-6 years and the primary and secondary education teaching staff, which provides simultaneous teaching ...
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Obligaţiile angajatorilor potrivit cadrului juridic de protecţie a maternităţii la locul de muncă
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The legal framework outlined by O.U.G. no. 96/2003 regarding the protection of maternity at work places stipulates that employers have, as a rule, two categories of obligations: the obligation of evaluation and information; the obligation to take protective measures but also a series of prohibitions regarding the exposure of the workers concerned, as well as the prohibition of night work and the prohibition of dismissal. In Europe,...
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Consideraţii generale privind reglementarea muncii la domiciliu în administraţia publică din România prin Codul administrativ
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The administrative code adopted recently by GEO no. 57/2019, provides, finally, as a novelty for the Romanian public administration, the possibility of working at home only for the staff employed under a contract and not for the civil officers, as it is necessary to make a distinction between these who, are rather located in a „grey area”.
The economics of the text of law refers to the common law regulations in the...
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Piaţa muncii în contextul dezvoltării sistemelor digitale
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The fourth industrial revolution, as it is now called, or Industry 4.0 is characterized by the digitization of industrial processes, leading to a transfer of decision-making autonomy to digital intelligent systems, to artificial intelligence.
Digitization can bring major benefits to companies, robotization, intelligent systems, icloud services are an important factor that can contribute to the efficiency of the activity. However, one sho...
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Încetarea raporturilor de muncă în cazul pensionării
Numărul 6 Anul 2019
Numărul 6 Anul 2019
With general character, art. 56 of the Labor Code regulates the termination of the existing individual employment contract in several situations, a printer which includes:
– at the date of cumulative fulfillment of the standard age conditions and the minimum contribution period;
– at the date of communication of the pension decision in the case of the invalidity pension of the third deg...
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Modifi carea unilaterală a fi șei postului de către angajator
Numărul 5 Anul 2019
Numărul 5 Anul 2019
The job description has always been a controversial topic in employment relationships, being among the most debated aspects of the individual employment contract. The lack of an explicit and detailed regulation of the structure and content of this document has given rise to numerous intrigues and dilemmas among employers and employees, especially in times of conflict. The most sensitive point in the employee-employer relationship is the possi...
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Protecţia datelor cu caracter personal la misiunile diplomatice și oficiile consulare ale României în străinătate
Numărul 5 Anul 2019
Numărul 5 Anul 2019
The topic chosen for the article is a relevant one, on which the opinions were formulated by specialists, but given the relatively little practice due to the fact that the Regulation 679/2016 regarding the protection of personal data is of recent date, there are a lot of questions that have not yet been answered. I point out that in the studied literature we have found few studies subjected to systematic research that highlight the issues addr...
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Particularităţi privind analiza practică a discriminării în domeniul muncii. Cazul discriminării prin concediere a membrilor de sindicat
Numărul 5 Anul 2019
Numărul 5 Anul 2019
The article presents the author’s particular considerations regarding the technical legal way of analyzing and finding a discrimination confined to a specific case of discrimination in the field of work.
The object of the case is to find a discrimination in the workplace on the criterion of union membership or membership, under the aspect of two facts, one consisting of the employer disagreement regarding the formation of a union – the ...
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Dreptul personalului didactic din învăţământul preuniversitar la majorarea salarială pentru predarea simultană în temeiul Legii-cadru nr. 153/2017
Numărul 5 Anul 2019
Numărul 5 Anul 2019
Until 1st January 2019 only teaching staff from primary and secondary education could legally benefit from extra payment for simultaneous teaching, the right being recognized by art. 6 of chapter I of annex 5 of Law no. 63/2011, then by art. 33 paragraph 4 letter f of the Government Emergency Ordinance no. 57/2015, and from 1st July 2017 through art. 38 of the framework Law no. 153/2017 on the etapized application of the new law.
Taking...
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