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Critica unei hotărâri judecătorești
Numărul 3 Anul 2024
In the following article, one of a practical nature, an analysis of a court decision, pronounced on appeal, is made. The employee was disciplined with a 10% salary reduction for 3 months, on the grounds that he committed a disciplinary offense consisting of transporting two 5-liter containers full of diesel fuel in the cab of the bus he was driving. He thus endangered the safety of passengers and the vehicle entrusted to him. The court of firs...
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Infracţiunea de încălcare a regulilor de protecţie a muncii în Republica Moldova
Numărul 2 Anul 2024
In the Republic of Moldova, the constitutional right to labor protection is also safeguarded by penal means, as art. 183 of the Criminal Code incriminates the act of violating labor protection rules. The criminal norm, a basis, must be analyzed in close connection with the provisions of the Labor Code, of Law no. 186-XVI/2008 on occupational safety and health and with other normative acts and regulations applicable in the field. The offense is...
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Reglementarea juridică a formelor de asistenţă socială în Republica Moldova
Numărul 2 Anul 2024
The given article is dedicated to the matter concerning the institution of social assistance which plays a decisive role in the realization by the state of a set of social services with the aim of prevention or removing some events considered social risks, ensuring a sustainable development, realizing the principle of social solidarity and ensuring the rights and freedoms established by national and international legislation. Social assistanc...
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Clauza de neconcurenţă prin prisma Codului muncii al Republicii Moldova
Numărul 2 Anul 2024
In this study, the non-compete clause is explained as a type of specific clauses of an individual employment contract, which results in a conventional restriction of work freedom. The author highlighted, primarily, the legal significance of the non-compete clause. In addition, the elements to be stated in the text of a non-compete clause were analysed, according to art. 531 para. (2) of the Labour Code of the Republic of Moldova, namely: the ge...
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Părţile și reprezentarea acestora la negocierea colectivă la nivel de unitate
Numărul 2 Anul 2024
This paper deals with the changes made in May 2023, Law no. 367/2022 regarding the social dialogue, related to the representation of the parts in the collective negotiation process. The priority of participating in the collective bargaining of trade union organizations at the unit level is analyzed, compared to the representation by elected employees/workers, in the conditions where there is no legally constituted trade union organization at t...
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Exercitarea profesiei de medic, recunoașterea titlurilor profesionale și salarizarea personalului medical
Numărul 2 Anul 2024
The article aims to present the legal framework that regulates the acquisition of the qualification of doctor, the recognition of professional titles obtained in other countries, the conditions under which the profession of doctor can be exercised in Romania and the remuneration of medical personnel.
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Telemunca la domiciliu, accidente și securitatea în muncă – o perspectivă comparativă
Numărul 2 Anul 2024
Home working and teleworking are increasingly used in employment relationships. They have proved their full usefulness especially during the Covid-19 pandemic, which is still ongoing. The greatest advantage of these forms of work is that they allow workers to combine work and private life.
However, it is possible that employees may suffer accidents while working at home. The question is: is such an accident at work or not? Who is respons...
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Câteva aspecte legate de convocarea salariatului la cercetarea disciplinară prealabilă. Cazul special al telesalariaților
Numărul 6 Anul 2023
Given the complexity of the disciplinary field, both from a normative and jurisprudential point of view, this article discusses the problematic aspects in relation to the method of summoning the employee to the disciplinary investigation – as a first stage of the disciplinary procedure – with an emphasis on the legal regime of teleworkers, in which case the prior disciplinary investigation procedure involves certain particularities. The propo...
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Salariul, indemnizația de incluziune socială și venitul de cetățenie în vigoare în Italia în prezent
Numărul 1 Anul 2024
The minimum guaranteed income has experienced different disciplines over time. The first organic legislation dedicated to the “inclusion income,” is contained in Legislative Decree No. 147/2017 and in implementation of Delegated Law No. 33/2017 was short‑lived and was replaced by the “citizenship income” introduced by the Conte Government and regulated by Legislative Decree No. 4/2019, conv. by Law No. 26/2019. However, this was abolished thro...
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Modalități de creare a locurilor de muncă în zonele rurale prin Politica Agricolă Comună(PAC)
Numărul 1 Anul 2024
At the level of the European Union, activities in the agricultural sector take place under the auspices of the Common Agricultural Policy (CAP), which has standardized, to a large extent, agriculture at the level of the member states. Establishing its ambitious objectives, the PAC aimed, from its inception, to help increase agricultural productivity, ensure a decent standard of living for agricultural workers, stabilize markets, and last but n...
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Este admisibilă legal revocarea președintelui Consiliului Național de Soluționare a Contestațiilor? Studiu de caz
Numărul 1 Anul 2024
The article addresses the institution of the revocation of the president of theNational Council for Solving Complains, showing that currently, there is alegislative gap that creates difficulties in its practical application. Starting from the analysis of current regulations and the nature of the president’s mandate, the author demonstrates that the lack of explicit regulation raises issues regarding his accountability and creates po...
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Considerații teoretice și practice privind recunoașterea vechimii în muncă. Situația persoanelor fizice autorizate
Numărul 1 Anul 2024
On May 9, 2022, Law No. 125/2022 entered into force to amend Emergency Ordinance No. 44/2008 regarding the conduct of economic activities by self‑employed persons, sole proprietorships, and companies, following its publication in the Official Gazette of Romania, Part I, No. 456, dated May 6, 2022.
This legal text provides for the recognition of seniority in work and in expertise, for self‑employed persons. To establish a fair extent of...
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Aspecte teoretice și practice privind prevenirea și combatere hărțuirii morale la locul de muncă
Numărul 1 Anul 2024
This article aims to provide a theoretical and practical perspective on workplace bullying (mobbing) and to formulate proposals for improving legislation and methodology for its prevention and combating.
Keywords:
mobbing...
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Înțelesul noțiunii de „abatere disciplinară” în lumina jurisprudenței şi a dreptului comparat
Numărul 1 Anul 2024
The present article discusses the problematic aspects related to the concept of “disciplinary misconduct” in the light of jurisprudence. Given the lapidary content of the normative text, which does not include a list of facts that may constitute disciplinary misconduct, the jurisprudence is essential for the depth of nuances and for the identification of differences of interests in the relationship between employer and employees. All these jur...
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Protecția datelor personale în contextul relațiilor de muncă
Numărul 1 Anul 2024
In a continuously changing professional landscape, where remote work and extensive use of technology are becoming prevalent, employers face significant challenges in managing the personal data of their employees. Electronic monitoring, biometric data collection, and access to sensitive information are just a few examples of practices that can directly impact the privacy of employees.
It is to be assumed that the proliferation of telewo...
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