Arhiva
Pagina 8 din 22
Dreptul la muncă un drept „viu”și fundamental al omului. Evoluţie și transformări 2003-2023
Numărul 3 Anul 2023
Numărul 3 Anul 2023
75 years since the United Nations Organization voted on the Universal Declaration on Human Rights, on December 10, 1948, this paper is Part I of a synthesis of the evolution and development of the labour law from 2003, when the Labour Code was adopted, until October 2022; the focus is on the changes that were triggered by the SARS CoV-2 crisis. Part II, to be published in the next issue, shall further address the modifications that ensued fro...
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Reprezentarea nesindicală a salariaţilor în contextul noii legi privind dialogul social
Numărul 3 Anul 2023
Numărul 3 Anul 2023
The institution of employee representatives dates back to 1991, but its role has varied over time. Thus, initially, employees could designate their representatives only in the absence of a trade union. The law favoured trade union organization, providing only as an alternative the possibility for non-union employees to appoint their representatives in the relationship with the employer.
With the Law on social dialogue no. 62/2011, the ...
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Competenţa soluţionării conflictelor/litigiilor de muncă
Numărul 3 Anul 2023
Numărul 3 Anul 2023
The repeal of the Law on social dialogue no. 62/2011 (and its replacement by Law no. 367/2022) also meant the removal of the text (under art. 210) according to which the settlement of labour disputes in the first instance expressly lay with the tribunals.
Under the new conditions, it is necessary to establish this competence based on the general regulatory framework (in particular, art. 94 and art. 95 of the Civil Proc. Code), but also ...
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Repausul zilnic și repausul săptămânal – forme ale timpului de odihnă
Numărul 4 Anul 2023
Numărul 4 Anul 2023
Daily rest and weekly rest are forms of rest time, each with its own physiognomy and purpose. At the same time, they constitute employee/worker rights that must be strictly respected by the employer.
The rule is that the daily rest precedes the weekly; the first does not intersect with the second, but they are cumulative as ruled by the Court of Justice of the European Union by the Decision of March 2, 2023.
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„Victimizarea” – precaritatea actualului concept normativ
Numărul 2 Anul 2023
Numărul 2 Anul 2023
The article debates the regulation of the concept of victimization in the national legislation, while also analyzing the regulations of European law with an impact on the definition of this term. The author concludes that a rethinking of the regulation is necessary so that revenge entailed by acts lacking legal force acquires the value of victimization (for example, a memorandum). The circumstance of the violation of the principle of non-discr...
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Consideraţii cu privire la prevederi legale aplicabile personalului contractual din autorităţile și instituţiile publice
Numărul 2 Anul 2023
Numărul 2 Anul 2023
The purpose of this article is to present the legislation applicable to contractual staff from within public institutions and authorities.
Keywords:
contractual staff, public institutions, public authorities
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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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