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Pagina 6 din 20
Dreptul la muncă al persoanelor majore cu dizabilităţi psihosociale și intelectuale din perspectiva evoluţiei contextului socio-juridic și al modificărilor legislative intervenite prin Legea nr. 140/2022
Numărul 2 Anul 2023
Numărul 2 Anul 2023
This study aims to highlight the legislative evolution in the field of equal protection and recognition before the law of persons with disabilities. Historically, in the legal systems worldwide, people with disabilities stand out among all the groups that have been arbitrarily and prejudicially denied the right to full legal capacity. Not all forms of disability cause changes in legal capacity, but only psychosocial and intellectual disabilitie...
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Consideraţii privind practica recentă a instanţelor de judecată în materia abuzului în serviciu
Numărul 2 Anul 2023
Numărul 2 Anul 2023
Decision no. 405/2016 of the Constitutional Court of Romania established new standards of clarity and predictability in the matter of abuse of office, related to the duties of the active subject of this crime. If, immediately after the appearance of this reference decision, the issue of the impossibility of mentioning, exclusively by means of a primary legislative act, the duties of the service, transforming the normative act into a real job d...
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10 clauze esenţiale cuprinse în noul model-cadru al contractului individual de muncă
Numărul 2 Anul 2023
Numărul 2 Anul 2023
The new amendments and completions to the Labour Code brought by the adoption of Law no. 283/2022 required the adoption of a new framework model of the individual employment contract. It was established by the Order of the Minister of Labour and Social Solidarity no. 2171/2022 and is made available to employees and employers by publication on the website of the Labour Inspection.
For the proper development of labour relations, the parti...
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Curtea Europeană a Drepturilor Omuluiși soluţii ale acesteia
Numărul 2 Anul 2023
Numărul 2 Anul 2023
The European Court of Human Rights is a higher court than the national ones, to which the litigants from the member countries of the Council of Europe, dissatisfied with the fi nal solutions handed down by the national courts, can appeal.
The referral to the Court takes place with strict compliance with the elements provided in art. 47 of the Regulation. The lack of such an element, even the last signature, makes the request inadmissib...
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Încheierea Contractului Colectiv de Muncă la nivel de unitate
Numărul 1 Anul 2023
Numărul 1 Anul 2023
The article aims to highlight the conventional nature of the conclusion of a collective agreement.
At the basis of the creation of a collective agreement is the freedom of will of the parties (employer and employees/workers in the unit, group of units, collective bargaining sectors, up to national level), as a consequence of the principle of freedom of negotiation.
The only limitation on the parties in negotiating the terms of th...
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Câteva consideraţii critice cu privire la noua Lege a dialogului social
Numărul 1 Anul 2023
Numărul 1 Anul 2023
On 25 December 2022, a new Law on social dialogue entered into force; it was Law no. 367/2022 on social dialogue, published in the Official Gazette, Part I no. 1238 of 22 December 2022, which repealed, at the time of its entry into force, the Law on social dialogue no. 62/2011, published in the Official Gazette, Part I no. 322 of 10 May 2011 and republished in the Official Gazette, Part I no. 625 of 31 August 2012.
Although the adoption...
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Directiva (UE) 2022/2041 a Parlamentului European și a Consiliului din 19 octombrie 2022 privind salariile minime adecvate în Uniunea Europeană
Numărul 1 Anul 2023
Numărul 1 Anul 2023
Directive (EU) 2022/2041 is a consequence of the permanent concerns of the European Union regarding the social market economy with a high degree of competitiveness, which tends towards full employment and social progress.
This necessarily implies respect for the health, safety and dignity of workers, their right to fair remuneration, suffi cient to ensure a decent standard of living for them and their families.
In this context, t...
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Respectarea de către angajat a obligaţiei de fidelitate faţă de angajatori în condiţiile cumulului de funcţii ca urmare a transpunerii Directivei (UE) nr. 2019/1152 a Parlamentului European și a Consiliului din 20 iunie 2019 privind transparenţa și previzibilitatea condiţiilor de muncă în Uniunea Europeană în legislaţia internă
Numărul 6 Anul 2022
Numărul 6 Anul 2022
Law no. 283 of 17 October 2022 for the amendment and completion of Law no. 53/2003 – Labour Code, as well as Government Emergency Ordinancep no. 57/2019 on the Administrative Code published in the Official Gazette no. 1013 of 19 October 2022 aimed at the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. Directive (EU)...
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Vechimea în muncă – un concept adaptabil la realităţile pieţei forţei de muncă
Numărul 6 Anul 2022
Numărul 6 Anul 2022
At present, the use of the notions of seniority in work and their meaning preserves a series of more or less correct particularities generated by the history of regulation and of the rights that this notion attributes to a person.
With a rich history of regulations, in which the name and the rights conferred on them have been changed successively, seniority appears as a landmark in the employment relationship, but its landmarks are oft...
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Aspecte privind răspunderea disciplinară – drept comun versus legislaţia specifică mediului universitar
Numărul 6 Anul 2022
Numărul 6 Anul 2022
In order to correctly and clearly transpose the rules applicable in disciplinary matters to the teaching and research staff, auxiliary teaching and research staff, as well as to the management, guidance and control staff in higher education in case of breach of duties stipulated in the individual employment contract, as well as in case of violation of the rules of conduct, as they are terminologically formulated in a lacunary and confusing man...
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Demersuri pentru un drept al muncii ecologic
Numărul 6 Anul 2022
Numărul 6 Anul 2022
In the present article, it is proposed that labor law, through its specificity as a regulator of labor relations, should contain ecological norms that contribute to the improvement of the phenomena characteristic of the environmental crisis. To consider the obligations of economic agents, in their capacity as an employer, to ensure to a greater extent the health and safety of workers by reducing, even eliminating environmental risks from the w...
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Libertatea sindicală în Italia
Numărul 5 Anul 2022
Numărul 5 Anul 2022
In this article, the national and international norms that regulate trade union freedom in Italy are analyzed, among which we list: the Italian Constitution, the Conventions of the International Labor Organization no. 87/1948 and no. 98/1949, both ratified in Italy by Law no. 367 of March 23, 1958, etc.
At the same time, the ownership of freedom of association and the „trade union” nature of the protected organization were also taken i...
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Reprezentarea colectivă sindicală în Spania
Numărul 5 Anul 2022
Numărul 5 Anul 2022
In this article, the focus is on collective trade union representation in Spain through trade unions, which is exercised through the trade union section and trade union delegations.
The trade union section is nothing but the trade union that acts within the enterprise and exercises the faculties that legally correspond to it by the legal imperative. Thus, the creation of a trade union section by union-affiliated workers is not limited t...
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Efecte ale modificărilor aduse de Legea nr. 213/2020 pentru modificarea şi completarea Legii nr. 53/2003 – Codul muncii asupra termenelor privind completarea și transmiterea datelor în registrul general de evidența salariaților
Numărul 5 Anul 2022
Numărul 5 Anul 2022
With the introduction in the Labor Code, expressis verbis, of the possibility of solving individual labor conflicts through the conciliation of the external consultant specializing in labor law, a series of problems were triggered, that might be related to the way of completion and communication in REVISAL of those solutions found by the parties of the labor relationship. Thus, the resolution of an individual labor conflict may concern aspect...
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Acordurile colective – convenții de muncăale funcționarilor publici
Numărul 5 Anul 2022
Numărul 5 Anul 2022
This article is devoted to the presentation and analysis of legal provisions on collective agreements, that is, those agreements concluded in written form between public authorities or institutions and the legal representatives of public officials.
These agreements are similar to collective agreements regulated by law in the case of employees. They shall bear a different name for at least two reasons:
– concern the activity of p...
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Pagina 6 din 20
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