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Pagina 15 din 23
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
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
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
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
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
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
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
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
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
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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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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