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Munca zilierilor
Numărul 3 Anul 2018
Numărul 3 Anul 2018
Through Law no. 86/2018 was emended the regulation of day labourer work brought by Law no. 52/2011.
It is expressly provided that the day labourer are in working relationships with the beneficiaries of their activity and that these relations are established by the agreement of the parties, without the conclusion, in writing, of an individual labor contract.
The law provides rights and obligations ...
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Ce este şi cum poate fi folosită inteligenţa artificială (I)
Numărul 3 Anul 2018
Numărul 3 Anul 2018
Artificial Intelligence is one of the topical issues in technology and not only in this area. It has raised, raises and will raise important issues in society and we will all have to learn how to adapt to the new situations that will follow. It is important, first of all, to begin to know what AI really is, how we can use it and under what conditions.
It is very important for people from all areas of activity to ex...
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Contractul individual de muncă privind activitatea de telemuncă în context legislativ intern și european. Elemente de drept comparat
Numărul 2 Anul 2018
Numărul 2 Anul 2018
Romania has recently taken a first step towards establishing an institutional and legal framework for teleworking programs, by proposing a bill aimed to regulate teleworking activities. The bill has been approved by the executive, which means that Romanian employees might soon be teleworking. At first sight, the process of regulating telework currently conducted on the Romanian labor market, is a major factor in developing the innovative spiri...
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Studiu privind detașarea salariaților în cadrul prestării de servicii transnaționale, norme europene și naționale
Numărul 2 Anul 2018
Numărul 2 Anul 2018
The presence of a favourable socio-economic climate and a sustained economic raise in Romania, determined many multinational companies to create subsidiars companies, representantives or branches on Romania’s territory. In the next time, the bigger will be the the number and the value of their investments, the bigger will be the number of the detached workers in these companies in order to control and develop the specific activities according t...
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Responsabilul cu protecția datelor (DPO) – funcționar public sau personal contractual?
Numărul 2 Anul 2018
Numărul 2 Anul 2018
The Data Protection Officer is not a new institution, being previously provided for in the text of the Data Protection Directive 95/46/EC. The Regulation (EU) 2016/679 recognizes this position as a key-actor within the new Data Protection system both through the obligation of its nomination by the public authorities or organisms, or by operators or persons designated by them, and through its professional experience and preparation, respectivel...
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Reglementarea activității de telemuncă prin Legea nr. 81/2018
Numărul 2 Anul 2018
Numărul 2 Anul 2018
The Law no. 81/2018 regarding teleworking brings into light the way in which the Romanian legislator took into consideration the European legal frame in this matter, taking into account the fact that „Framework agreement on telework” contains supplementary clauses in rapport with the national reglementation.
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Neconstituționalitatea dispozițiilor art. 56 alin. (1) lit. c), teza a doua, prima ipoteză din Codul muncii privind încetarea de drept a contractul individual de muncă la comunicarea deciziei de pensie în cazul pensiei de invaliditate de gradul III
Numărul 2 Anul 2018
Numărul 2 Anul 2018
As a result of the Constitutional Court’s Decision no. 759/2017, the individual employment contract will no longer cease to apply on the date of the communication of the pension decision in the case of the third degree invalidity pension. Labor relations will continue to exist in such a situation, but necessarily modified; they may also cease on another legal basis, for example, by parties agreement [Art. 55 lit. h of the Labor Code] or by dis...
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Dobândirea calității de membru al Corpului diplomatic și consular
Numărul 1 Anul 2018
Numărul 1 Anul 2018
In this article the author aims to discuss in terms of texts Law no. 269/2003 becoming a member of the Diplomatic and Consular Corps in Romania. Thus, the author analyzes the conditions that are to be fulfilled for access to the profession.r
Keywords:
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Considerații privind calitatea procesuală a lucrătorilor în constatarea nulității absolute a contractului/acordului colectiv de muncă
Numărul 1 Anul 2018
Numărul 1 Anul 2018
In the judicial practice, different opinions emerged with regard to the possibility of the employee/civil servant to request the declaration of the absolute nullity of the collective labour agreement/contract when the damage is determined within the property of the employer, through a control act of the Court of Accounts. In solving this issue of law, the High Court of Cassation and Justice intervened by decision no. 17/2016 (the panel compete...
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Aspecte specifice privind încetarea raporturilor de muncă ale judecătorilor și procurorilor
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The present article analyzes two of the situations of termination of the labor relations of judges and prosecutors, consisting not in a detailed explanation of the entire applicable procedure, but only for the purpose of highlighting unprecedented aspects and which refers to the hypothesis of disciplinary exclusion from the profession and retirement of the magistrate respectively. More specifically, the article locks, in the first case, to the...
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Considerații privind suspendarea contractului individual de muncă
Numărul 1 Anul 2018
Numărul 1 Anul 2018
An analysis of the Labour Code chapter on suspension of the employment contract may lead to the conclusion that some changes would be welcome, both in terms of form and material systematization and of substance of the law. In addition, the division of the suspension causes into the four situations, namely suspension „by law”, „at the employee’s inițiative”, „at the employer’s inițiative” and „by mutual consent” is marked by some legislative in...
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Descrierea abaterii disciplinare – condiție esențială de validitate a deciziei de sancționare disciplinară
Numărul 1 Anul 2018
Numărul 1 Anul 2018
Alongside the labour conflicts referring to the censure of the dismissal decisions, the labour conflicts referring to the disciplinary sanction are frequently met in the courts judicial activity. A significant number of the law suits are solved to the disadvantage of the employer, given that the non-compliance by them, in the moment of the disciplinary decisions’ issuing, with the formal mandatory demands stipulated by the Labour Code.
...
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Încetarea de drept a contractului individual de muncă potrivit Codului muncii
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The situations in which the employment contract may be terminated include de jure termination [art. 55(a) of the Labour Code]. It is a termination under the law – ope legis – as a result of the will of the legislature. It occurs only in expressly provided cases; the contract is cancelled at the very moment of the occurrence of the termination cause without the intervention of the employer.
...
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Consideraţii practice cu privire la cercetarea disciplinară prealabilă a salariaţilor
Numărul 6 Anul 2017
Numărul 6 Anul 2017
Through numerous decisions of the courts rendered in the settlements of labour conflicts having object petitions against the sanction decision had been annulated the disciplinary sanction acts, given that the violation by the employer of the rules regarding the disciplinary inquiry. In the present study, it is analysed the succession of the juridical operations that must be undertaken in the stage of the disciplinary inquiry and there are emph...
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